Public Health & Preventing Disease

Proposed Clean Indoor Air Rule

On Thursday, December 14, 2017 the RiverStone Board of Health (Board) will hold a public hearing on Section 6 – Enforcement, Violations and Penalties – of the proposed Rules and Regulations for Clean Indoor Air, RULE #7. The hearing will begin at 7 a.m. in the first floor conference rooms in the Lil Anderson Center on the RiverStone Health campus at 123 South 27th Street, Billings.

Public comment will only be taken on Section 6 of the proposed Rule.  Section 6 of the proposed Rule states:

6.1       Enforcement

6.1.1   The Rule shall be enforced by the Board, pursuant to § 50-40-108, M.C.A., through a complaint driven process. All properly completed complaints will be investigated and enforced by the Board at its own discretion.

6.1.2   In addition to enforcement of the Rule by the Board, the following shall apply:

6.1.2.1            A person who owns, manages, operates or otherwise controls a public place or place of employment shall inform persons violating the Rule of the appropriate provisions thereof or file a complaint against the person(s) in violation of the Rule.

6.1.2.2            Any person may submit a complaint of violation of the Rule electronically or by hard copy by accessing the RiverStone Health website at https://riverstonehealth.org/our-organization/contact-us/

6.1.2.3            A person who owns, manages, operates or otherwise controls a public place or place of employment posts a sign, to be supplied by RiverStone Health, in a conspicuous place at all public entrances to the establishment stating, in a manner that can be easily understood, that smoking in the enclosed public place is prohibited.  Along with no smoking signs, a sign will be placed at all major entrances and exits indicating the setback provision of the Rule designating that there is no smoking within thirty (30) feet from the building to include thirty (30) feet from windows and ventilation ducts located on the building.

6.2.      Penalties

6.2.1   It is unlawful for a person to smoke in any area where smoking is prohibited under§20-1-220, M.C.A. (public school buildings, public school property), § 50-40-104, M.C.A. (smoking in enclosed public places), or under Rule # 7.  A person who violates § 20-1-20, M.C.A., § 50-40-104, M.C.A., or Rule #7 is guilty of a misdemeanor and shall be subject to a fine of not less than $25 or more than $100.

6.2.2   A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of Title 50, chapter 40, M.C.A. or Rule #7 is guilty of a misdemeanor after a third violation within a 3-year period and shall be warned, reprimanded, or punished as follows:

6.2.2.1 A warning for the first violation;

6.2.2.2 a written reprimand for a second violation; and

6.2.2.3 within any 3-year period, a fine of:

6.2.2.4 $100 for a third violation;

6.2.2.5 $200 for a fourth violation; and

6.2.2.6 $500 for a fifth or subsequent violation.

6.2.3   Penalties imposed under this section may not be considered by the department of revenue for the purposes of § 16-4-401 or by the department of justice for the purposes of §§ 23-5-119, 23-5-177, or 23-5-611(1) (a) or (1) (c).

A copy of the proposed RULE #7 can be found here with a set of Frequently Asked Questions available here.

RULE #7 proposes prohibiting the indoor use of electronic nicotine delivery systems (ENDS), which include e-cigarettes and other vaping devices, in public spaces. Furthermore, RULE #7 establishes that smoking, including the use of ENDS, may not occur within 30 feet of public entryways, windows or ventilation systems.

The proposed Rule is designed to protect the public from the harmful effects of secondhand smoke, including aerosolized vapor from ENDS products.

The hearing format will allow equal time for proponents and opponents to testify on the proposed Rule. In addition, the hearing will allow time for Board members to ask questions and seek clarification from those testifying.

Comments on Section 6 – Enforcement, Violations and Penalties – will be accepted until Wednesday, December 6, 2017 at 5 p.m. by emailing rule7@riverstonehealth.org

 

RiverStone Health
123 South 27th Street
Billings, MT 59101
Phone: 406.247.3200
Fax: 406.651.6430