(1) 
These clean air smoking and vaping regulations are adopted for the purpose of protecting the health, safety and welfare of the public by reducing the potential for public exposure to nicotine and other harmful and potentially harmful chemicals by restricting the use of tobacco and vapor products, also known as electronic nicotine delivery systems (ENDS) and e-cigarettes, in public places, places of employment, and certain outdoor public places.
(2) 
These rules are enacted to protect the public health and promote the safety and welfare of the citizens of Jefferson County through the prohibition of smoking and use of vapor products in public places, and places of employment and outdoor public places where children congregate.
(Ord. 10-19 § 1 (Appx. A))
(1) 
Washington Constitution Article XI, Section 11 provides that counties may make and enforce within their limits all such local police, sanitary and other regulations as are not in conflict with general laws.
(2) 
RCW 36.32.120(7) provides that county legislative authorities shall make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law.
(3) 
RCW 70.05.060 grants to the county board of health specific powers and duties including: (a) enact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof; and (b) provide for the prevention, control and abatement of nuisances detrimental to the public health.
(4) 
The Washington Smoking in Public Places Act, Chapter 70.160 RCW, regulates smoking in public places, and in places of employment.
(5) 
Chapter 70.160 RCW, as amended by the voters' approval of Initiative 901, became effective on December 8, 2005. RCW 70.160.011 states:
The people of the state of Washington recognize that exposure to secondhand smoke is known to cause cancer in humans. Secondhand smoke is a known cause of other diseases including pneumonia, asthma, bronchitis, and heart disease. Citizens are often exposed to secondhand smoke in the workplace, and are likely to develop chronic, potentially fatal diseases as a result of such exposure. In order to protect the health and welfare of all citizens, including workers in their places of employment, it is necessary to prohibit smoking in public places and workplaces.
(6) 
It is necessary to create this chapter in order to comply with the enforcement and rebuttal requirements outlined in Chapter 70.160 RCW, as that statute was amended and revised by Initiative 901.
(7) 
RCW 70.345.150 prohibits the use of vapor products in certain indoor areas and outdoor areas and RCW 70.345.210 authorizes political subdivisions to further regulate the use of vapor products in indoor public places and outdoor public places where children congregate.
(8) 
RCW 28A.210.310 requires a prohibition on the use of all tobacco products on public school property.
(Ord. 10-19 § 1 (Appx. A))
(1) 
This chapter shall apply to all persons and in all territory within the boundaries of Jefferson County, except actions by persons on lands under the jurisdiction of the federal government or federally recognized Indian tribes.
(2) 
This chapter applies to all Jefferson County public places, places of employment and certain outdoor areas as defined in this chapter.
(3) 
This chapter supplements but does not replace the regulations adopted by the United States Food and Drug Administration for tobacco products and electronic nicotine delivery systems (ENDS) or the regulations enacted by the state of Washington and enforced by the Liquor and Cannabis Board regarding the licensing and regulation of vapor product promotions and sales.
(4) 
This chapter is to be liberally construed to protect public health, welfare and safety.
(Ord. 10-19 § 1 (Appx. A))
(1) 
Terms used in this chapter shall have the meaning provided in Chapter 70.160 RCW, hereby adopted by reference, and as supplemented in this chapter pursuant to the authority provided by Chapter 70.160 RCW and for sake of clarity in the application of Chapter 70.160 RCW.
(2) 
Terms not specifically defined shall be construed according to their common dictionary definition. The following specific definitions shall apply to smoking and vaping in public places and in places of employment in Jefferson County.
(3) 
"Abate"
means to take steps to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a nuisance under this chapter by such means and in such a manner as are deemed necessary by the health officer in the interest of the public health and safety.
(4) 
"Aggrieved person"
means a person subject to a decision by the director under this chapter and:
(a) 
The decision has prejudiced or is likely to prejudice that person;
(b) 
The person's asserted interests are among those that the county was required to consider when the director made the decision; and
(c) 
A judgment or final decision in favor of that person would substantially eliminate or redress the prejudice to that person or entity caused or likely to be caused by the final decision.
(5) 
"Board of health"
means the Jefferson County board of health.
(6) 
"Complaint"
means a report, either in writing, by telephone, or by other means made by any person describing a potential violation of this chapter, where accurate information about the potential violation can be verified by the department.
(7) 
"Department"
means the Jefferson County department of public health.
(8) 
"Director"
means the director of environmental public health at the department.
(9) 
"Health officer"
means the county health officer appointed in accordance with Chapter 70.05 RCW or the health officer's designee.
(10) 
"JCC"
means the Jefferson County Code, as it now exists or is later amended.
(11) 
"Mitigate"
means to take measures, subject to county approval, to minimize the harmful effects of a violation where remediation is either impossible or unreasonably burdensome.
(12) 
"Or"
means both or and and/or.
(13) 
"Outdoor places where children congregate"
means any outdoor public place where children congregate, including, but not limited to: real property under the control of child care facilities or schools, playgrounds, parks, beaches, athletic fields and stadiums.
(14) 
"Person"
means person as that term is defined in RCW 1.16.080.
(15) 
"Person responsible"
means one or more owners, or in the case of leased or rented space the lessee or other person in charge, of a public place or a place of employment.
(16) 
"Place of employment"
has the same meaning as in RCW 70.160.020(3). For the purpose of this chapter, (a) places of employment are not limited to places of businesses enclosed by walls; and (b) unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, it does not include a private residence or home-based business.
(17) 
"Presumptively reasonable minimum distance"
means a distance of 25 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means.
(18) 
"Public place"
has the same meaning as in RCW 70.160.020(2). For purposes of this chapter, "public place" includes all the public places where use of vapor products is prohibited by RCW 70.345.150 but does not include a private residence. This chapter regulates vaping in public places.
(19) 
"Retail outlet"
means each place of business licensed to sell vapor products where vapor products are sold to consumers. "Retail outlet" does not include any business licensed or endorsed for the sale of marijuana by the Washington State Liquor and Cannabis Board.
(20) 
"RCW"
means the Revised Code of Washington, as it now exists or is later amended.
(21) 
"Smoke" or "smoking"
has the same meaning as in RCW 70.160.020(1).
(22) 
"Tasting"
means trying or tasting a vapor product in a retail outlet where entry is restricted to persons 18 years of age or older and after January 1, 2020, entry is restricted to persons 21 years of age or older, as specified by RCW 70.345.100.
(23) 
"Vape" or "vaping"
means the use of vapor products, or the act of inhaling or exhaling the resultant vapor or aerosol from a vapor product.
(24) 
"Vapor products"
has the same meaning as in RCW 70.345.010(19). In addition, "vapor product" includes any electronic nicotine delivery system (ENDS) product regulated by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug and Cosmetic Act. However, "vapor product" does not include any drug, device, or combination product that has been approved by the United States Food and Drug Administration for legal sales for use as a smoking cessation product or other medical purpose, and is marketed and sold for such approved purpose. For purposes of this chapter, "vapor products" also includes, but is not limited to, electronic cigarettes (or "e-cigarettes"), electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, electronic hookahs, vape pens, steam stones, electronic juice (or "e-juice"), batteries, chargers, cables, or similar products or devices, as well as any parts that can be used to build or use such devices.
(25) 
"Violation"
means a violation of this chapter, after a complaint is received and that was witnessed by department staff.
(26) 
"WAC"
means the Washington Administrative Code, as it now exists or is later amended.
(Ord. 10-19 § 1 (Appx. A))
(1) 
Smoking and vaping are prohibited in public places, places of employment, and outdoor places where children congregate, except where preempted under state law.
(2) 
Persons responsible for places regulated under this chapter shall prohibit smoking and prohibit the vaping in such places by:
(a) 
Prohibiting smoking and prohibiting vaping in the public place or place of employment and outdoor places where children congregate under their authority; and
(b) 
Posting signs prohibiting smoking as required by Chapter 70.160 RCW and posting signs prohibiting vaping as required by this chapter.
(3) 
No person may vape in any public place or in any place of employment, except for the purpose of tastings within the premises of a licensed vapor product retail outlet that restricts entry to its premises to persons 18 years or older and after January 1, 2020, restricts entry to persons 21 years or older, pursuant to Chapter 70.345 RCW.
(4) 
No person may smoke or vape in any outdoor public place where children congregate, including, but not limited to: real property under the control of child care facilities or schools, playgrounds, parks, beaches, athletic fields and stadiums.
(5) 
No person may smoke or vape within the presumptively reasonable distance of an indoor public place regulated under this chapter.
(6) 
Owners, or in the case of leased or rented space the lessee or other person in charge, of a public place or a place of employment shall prohibit smoking and vaping including within the presumptively reasonable distance, as required under this section.
(Ord. 10-19 § 1 (Appx. A))
(1) 
Owners, or in the case of leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall post signs prohibiting smoking and prohibiting the use of vapor products.
(2) 
Signs prohibiting the use of vapor products may be combined with signs prohibiting smoking, such as "No Smoking. No Vaping" or "No Smoking or Vaping Allowed" or "No Smoking or Vaping Allowed within 25 Feet of Doorway or Entrance." Signs shall be posted conspicuously at each building entrance.
(3) 
The owner or other person in charge of an outdoor public place where smoking and vaping are prohibited under this chapter shall post signs in appropriate prominent locations stating that smoking and vaping are prohibited.
(Ord. 10-19 § 1 (Appx. A))
The department shall enforce this chapter regarding the duties of owners or persons in control of public places and places of employment through the following actions:
(1) 
Enforcement Authority.
(a) 
The health officer shall have the authority to enforce the provisions of this chapter equally on all persons.
(b) 
The health officer also is authorized to adopt rules consistent with the provisions of this chapter for the purpose of enforcing and carrying out its provisions.
(c) 
If a conflict exists in this chapter, or in the interpretation of Chapter 70.160 RCW, the more stringent regulation shall apply that better protects public health, welfare and safety.
(2) 
Right of Entry and Inspection.
(a) 
Whenever necessary to make an inspection to enforce or determine compliance with the provisions of this chapter, and other relevant laws and regulations, or whenever the health officer has cause to believe that a violation of this chapter has been or is being committed, the health officer or his/her duly authorized inspector may, in accordance with federal and state law, seek entry of any building, structure, property or portion thereof at reasonable times to inspect the same.
(b) 
If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and request entry.
(3) 
Violations.
(a) 
Violations of this chapter may be addressed through the remedies and penalties provided in this section.
(b) 
Each violation of this chapter shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance shall be considered a separate and distinct violation.
(c) 
The health officer may investigate alleged or apparent violations of this chapter. Upon request of the health officer, the person allegedly or apparently in violation of this chapter shall provide information identifying themselves.
(4) 
Voluntary Correction. Whenever the health officer determines that violation of this chapter has occurred or is occurring for the first time, the health officer shall attempt to secure voluntary correction pursuant to the procedures in this section.
(a) 
Warning Letter. The health officer shall issue a warning letter. The warning letter shall be addressed to the last known owner and/or person in charge and will be educational in content, and address the specific violations of this chapter that may have occurred and what the duties and responsibilities of the owner are to comply with this chapter.
(b) 
Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a voluntary correction agreement with the department. The voluntary correction agreement is a contract between the department and the person responsible for the violation in which such person agrees to abate the alleged violation within a specified time and according to specified conditions. The voluntary correction agreement will be in lieu of the issuance of further citations. The voluntary correction agreement shall include the following:
(i) 
The name and address of the person responsible for the alleged violation;
(ii) 
The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring;
(iii) 
A description of the alleged violation and a reference to the regulation which has been violated;
(iv) 
The necessary corrective action to be taken, and a date or time by which correction must be completed;
(v) 
An agreement by the person responsible for the alleged violation that the department may enter the place and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;
(vi) 
An agreement that by entering into the voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the health officer under this chapter or otherwise, regarding the matter of the alleged violation and/or the required corrective action.
(5) 
Notice and Order to Correct Violation.
(a) 
Issuance. Whenever the health officer determines that a violation of this chapter has occurred or is occurring for the second time, he/she will issue a written notice and order to correct violation to the owner or person in charge.
(b) 
Content. The notice and order to correct violation shall contain:
(i) 
The name and address of the property owner or other persons to whom the notice and order to correct violation is directed;
(ii) 
The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
(iii) 
A description of the violation, and a reference to that provision of the regulation which has been violated;
(iv) 
A statement of the action required to be taken to correct the violation and a date or time by which correction is to be completed;
(v) 
A statement that each violation of this chapter shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance shall be a separate and distinct violation; and
(vi) 
A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction (Class 1 civil infractions pursuant to Chapter 7.80 RCW), and/or the assessment of an administrative remedy, and/or, if applicable, the imposition of criminal penalties.
(c) 
Service of Order. The notice and order to correct violation shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to correct violations by first class and/or certified mail postage prepaid, return receipt requested, to such person at his/her last known address on file with Jefferson County for property tax purposes. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the persons effecting the service, declaring the time and date of service and the manner by which service was made.
(6) 
Extension. Upon written request received prior to the correction date or time, the health officer may extend the date set for corrections for good cause. The health officer may consider substantial completion of the necessary correction or unforeseeable circumstances that render completion impossible by the date established as a good cause.
(7) 
Supplemental Order to Correct Violation. The health officer may at any time add to, rescind in part, or otherwise modify a notice and order to correct violation. The supplemental order shall be governed by the same procedures applicable to all notice and order to correct violations procedures contained in this chapter.
(8) 
Enforcement of Order. If, after any order is duly issued by the health officer, the person to whom such order is directed fails, neglects, or refuses to obey such order, the health officer may:
(a) 
Utilize any remedy or penalty under JCC § 8.60.090;
(b) 
Abate the health violation using the procedures of this chapter; or
(c) 
Pursue any other appropriate remedy at law or equity.
(9) 
Monetary Penalties. Any person, company firm, corporation, or other legal entity who creates, maintains, or permits a nuisance, as defined under JCC § 19.10.015(36), shall constitute a civil violation. Each violation shall constitute a separate civil violation for each day or potion thereto during which such violation is committed, continued, or permitted. The daily monetary penalties that may be assessed under this chapter are as follows:
(a) 
First violation: $100.00.
(b) 
Second violation: $250.00.
(c) 
Subsequent violation: $500.00.
(10) 
Notice of Civil Infraction (Ticket).
(a) 
Whenever the health officer determines that a violation of this chapter has occurred or is occurring for the third time, he/she will issue a notice of civil infraction (ticket) to the owner and/or person in charge. Except as provided in this section, the violation of any provision of this chapter is designated as a civil infraction pursuant to Chapters 70.160 and 7.80 RCW, Civil Infractions.
(b) 
The health officer may issue a notice of civil infraction pursuant to Chapters 70.160 and 7.80 RCW if the health officer has reasonable cause to believe that the person has violated any provision of this chapter or has not corrected the violation as required by a written notice and order to correct violation. Civil infractions shall be issued, heard and determined as described in Chapter 7.80 RCW and any applicable court rules.
(11) 
Noncompliance Fees.
(a) 
Pursuant to the most current fee schedule adopted by the board of health, the department may assess a noncompliance fee to an owner or person in charge for the following:
(i) 
The costs of the department's oversight and review required as a result of the health officer's determination that an owner or person in charge is not in compliance with this chapter and has not met the compliance dates specified in a notice and order to correct violation; or
(ii) 
Second and subsequent reinspections conducted by the department in response to the owner or person in charge not complying with the requirements outlined in a notice and order to correct violation.
(b) 
Whenever the department assesses a noncompliance fee, the fee shall be due and payable 30 days after receipt of the invoice by the person responsible.
(12) 
Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the health officer may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute or will constitute a violation of this ordinance, or rules and regulations adopted under it, or any state health law or regulation, or that otherwise threatens public health.
(Ord. 10-19 § 1 (Appx. A))
(1) 
Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that 25 feet is a reasonable minimum distance by making application to the director of the local health jurisdiction in which the public place or place of employment is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke and vapor will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance.
(2) 
An application for rebutting the presumptively reasonable distance requirement may be submitted to the director for consideration. The application must be accompanied by all of the following:
(a) 
An application fee as established in the most recent fee schedule approved by the board of health;
(b) 
A written description of the proposed reduction in the separation distance requirement;
(c) 
A detailed map showing the specific area to be considered for a reduced separation distance along with the location of all entrances, exits, windows that open, and ventilation intakes within 25 feet of the proposed smoking area for smoking and vaping;
(d) 
A written explanation by the applicant describing why the presumptively reasonable distance of 25 feet cannot be met and why consideration for a reduced separation distance is necessary;
(e) 
A written justification from the applicant describing the clear and convincing evidence they have gathered that demonstrates that given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes or other factors, smoke and vapor will not infiltrate into the facility;
(f) 
A written explanation from the applicant describing how they will monitor the effectiveness of the reduced distance in keeping smoke and vapor from infiltrating into the facility, and what action they will take if smoke and vapor are determined to be entering the facility at a future time.
(3) 
The application for reduction in the 25-foot requirement applies only to the area addressed in the application and not to the entire structure or any other area near or around the facility.
(4) 
Any approval taken on the application submitted will need to endure a reasonable test of time and if future complaints are received against the facility because of secondhand smoke, or exposure to vapors or aerosols, further inspections may be warranted and possible modification or revocation of the approval may be required.
(5) 
At the time of ownership change or if any structural changes to the building have occurred an approved rebuttal is null and void and another rebuttal application must be submitted to the department for review.
(Ord. 10-19 § 1 (Appx. A))
(1) 
Any person aggrieved by the contents of a notice and order to correct violation issued under this chapter, or any enforcement action conducted by the department under this chapter, may request, in writing, a hearing before the health officer. The appellant shall submit specific statements in writing of the reason why the decision of the department was wrong.
(2) 
A request for a hearing shall be submitted in writing to the health officer within 10 business days of the action appealed or within five business days of the decision of the department.
(3) 
Upon receipt of a request for a hearing, together with hearing fees, the health officer shall notify the person of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than five business days, or more than 30 business days, from the date the request was received.
(4) 
The health officer shall issue a written decision within 30 business days, upholding or reversing the department's action. The health officer may require additional actions as part of the written decision.
(Ord. 10-19 § 1 (Appx. A))
(1) 
Any person aggrieved by the findings, conclusions of law or mandated actions that arise or result from hearing before the health officer shall have the right to appeal the matter by requesting a hearing before the board of health. Such notice of appeal shall be in writing and presented to the health officer within five business days of the health officer's written decision. The appellant shall submit specific statements in writing of the reason why the written decision of the health officer is wrong, accompanied by a fee as established in the current fee schedule approved by the board of health. The appellant and the health officer may submit additional information to the board of health for review.
(2) 
The notice and order to correct violation shall remain in effect during the appeal. Any person affected by the notice and order to correct violation may make a written request for a stay of the decision to the health officer within five business days of the health officer's decision. The health officer shall grant or deny the request within five business days.
(3) 
Upon receipt of a timely written notice of appeal together with the hearing fee, the health officer shall set a time, date, and place for the requested hearing before the board of health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than five business days or more than 30 business days from the date the written appeal was received by the health officer.
(4) 
Any decision of the board of health shall be final and may be reviewed by an action filed in superior court.
(5) 
Any action to seek judicial review of the board of health's decision must be filed within 30 business days of the date of the decision.
(Ord. 10-19 § 1 (Appx. A))
A person or entity aggrieved by a final decision of the board of health may seek judicial review of the final decision of the board of health in superior court as described within Chapter 34.05 RCW, the Administrative Procedure Act.
(Ord. 10-19 § 1 (Appx. A))
The provisions of this chapter are declared separate and severable. If any provision of this chapter or its application to any person or circumstances is held invalid, then the remainder of this chapter or application of this chapter to other persons or circumstances shall remain valid and unaffected.
(Ord. 10-19 § 1 (Appx. A))
(1) 
Nothing in this chapter is intended to abridge or alter the rights of action by the state, other entities, and the health officer or by persons, which exist in equity, common law or other statutes to abate noncompliance with this chapter.
(2) 
Nothing in this chapter precludes or prohibits any property owner from implementing "no smoking" and/or "no vaping" policies that are more restrictive than this chapter on, or within, any property or structures under their control.
(3) 
Nothing in this chapter shall prevent the owner, lessee or person in charge of a private place or area that is not a place of employment from prohibiting or allowing the use of vapor products within that place or area.
(4) 
This chapter is not intended to restrict smoking or vaping in private facilities that are occasionally open to the public, except upon the occasions when a facility is open to the public.
(Ord. 10-19 § 1 (Appx. A))
Compliance with the requirements of this chapter does not make smoking, secondhand smoke or vaping safe. Nothing contained in this chapter is intended to be, nor shall be construed to create or form, the basis for any liability on the part of Jefferson County, the department, the board of health, or their officers, employees, volunteers or agents, for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter.
(Ord. 10-19 § 1 (Appx. A))