implementing the clean indoor air act (ciaa) bocc briefing january 29, 2008

Implementing the Clean Implementing the Clean Indoor Air Act (CIAA)Indoor Air Act (CIAA)

BOCC Briefing BOCC Briefing January 29, 2008January 29, 2008

Implementing the Clean Indoor Air ActWhat is the Clean Indoor Air Act (CIAA) of What is the Clean Indoor Air Act (CIAA) of

2007?2007? Statewide prohibition of smoking in virtually Statewide prohibition of smoking in virtually

all indoor all indoor workplaces as of February 1, 2008.workplaces as of February 1, 2008. People in Maryland will now have clean, People in Maryland will now have clean,

smoke-free air while working, dining,smoke-free air while working, dining,shopping, or relaxing throughout the state.shopping, or relaxing throughout the state.

Implementing the Clean Indoor Air Act

Why?Why? ~62,000 nonsmokers in US die each year ~62,000 nonsmokers in US die each year

from secondhand smoke.from secondhand smoke. Documented cause of serious Documented cause of serious

illness/health effects: lung cancer, heart illness/health effects: lung cancer, heart disease, bronchitis, pneumonia, asthma, disease, bronchitis, pneumonia, asthma, and SID syndromeand SID syndrome

Implementing the Clean Indoor Air ActWhy? (continued)Why? (continued) Over 82% of Maryland adults are non-smokers.Over 82% of Maryland adults are non-smokers.

From 1998-2006 smoking continues to decline From 1998-2006 smoking continues to decline in Maryland:in Maryland:21% amongst adults21% amongst adults27% amongst 18-24 year olds27% amongst 18-24 year olds

Smoking base will continue to decline as 75%Smoking base will continue to decline as 75% of current smokers say they are “seriously of current smokers say they are “seriously

planning to quit.” planning to quit.”


Why? (continued)Why? (continued) 24 other States have enacted laws to 24 other States have enacted laws to

create smoke-free restaurants. create smoke-free restaurants. 18 States enacted laws for smoke-free 18 States enacted laws for smoke-free

bars.bars. Entire countries – England, Ireland, Entire countries – England, Ireland,

Scotland, Uruguay, and New Zealand have Scotland, Uruguay, and New Zealand have 100% smoke-free bars and restaurants.100% smoke-free bars and restaurants.

Locally Baltimore City and six counties Locally Baltimore City and six counties (Charles, Howard, Montgomery, Prince (Charles, Howard, Montgomery, Prince Georges, and Talbot) have smoking bans.Georges, and Talbot) have smoking bans.


Why? (continued)Why? (continued) Statewide ban places every community on a Statewide ban places every community on a

level playing field.level playing field.

Private clubs are treated the same way as Private clubs are treated the same way as public clubs and businesses – small public clubs and businesses – small business the same as larger business.business the same as larger business.

All treated the sameAll treated the same

Implementing the Clean Indoor Air ActWhat is covered under the CIAA?What is covered under the CIAA? • • Indoor areas and meeting places open to the Indoor areas and meeting places open to the

publicpublic• • Indoor places of employmentIndoor places of employment• • Mass transit vehiclesMass transit vehicles• • Private homes\residences being used by a Private homes\residences being used by a

licensed day care or child care providerlicensed day care or child care provider• • Private vehicles used for the public Private vehicles used for the public

transportation of children\health care\day transportation of children\health care\day carecare

• • Clubs with alcohol licenses Clubs with alcohol licenses


Can employees smoke anywhere indoor?Can employees smoke anywhere indoor? No. Smoking is not permitted anywhere inside No. Smoking is not permitted anywhere inside

the premises, including private offices and the premises, including private offices and break rooms. break rooms.

Businesses that currently have a separate Businesses that currently have a separate

room for smoking can no longer allow smoking room for smoking can no longer allow smoking in these rooms or anywhere else inside. in these rooms or anywhere else inside. Employees who smoke must go outside to Employees who smoke must go outside to smoke.smoke.

Implementing the Clean Indoor Air ActAre there public places where smoking is still Are there public places where smoking is still

allowed?allowed? Smoking Smoking may may still be permitted in tobacco still be permitted in tobacco

shops, outdoor areas of bars and shops, outdoor areas of bars and restaurants, and up to 25 percent of hotel\restaurants, and up to 25 percent of hotel\motel guest rooms. motel guest rooms.

The Act does not ban smoking outdoors. The Act does not ban smoking outdoors. However, some jurisdictions may have However, some jurisdictions may have stricter ordinances and some specific stricter ordinances and some specific businesses may be exempt or have a businesses may be exempt or have a temporary waiver from some requirements of temporary waiver from some requirements of the Act.the Act.


What businesses\facilities are affected?What businesses\facilities are affected? Retail storesRetail stores Financial service institutionsFinancial service institutions Theaters, concert halls, museums, and librariesTheaters, concert halls, museums, and libraries Athletic facilitiesAthletic facilities Government buildings and educational Government buildings and educational

institutionsinstitutions Hotels and motelsHotels and motels Clubs as defined in Article 2B §1-102(a)(4), Clubs as defined in Article 2B §1-102(a)(4),

Annotated Code of MarylandAnnotated Code of Maryland


How do businesses\owners comply with law?How do businesses\owners comply with law? Post signs stating that smoking is prohibited Post signs stating that smoking is prohibited

at each entrance and in prominent locations at each entrance and in prominent locations inside the facility.inside the facility.

Prohibit smoking in the establishment.Prohibit smoking in the establishment.


Are Waivers Available?Are Waivers Available?

For most businesses considering a waiver For most businesses considering a waiver application, it will still be necessary to application, it will still be necessary to comply with the requirements of the Clean comply with the requirements of the Clean Indoor Air Act for at least 2 months before Indoor Air Act for at least 2 months before submitting a waiver application.submitting a waiver application.

Implementing the Clean Indoor Air Act Waivers (continued)Waivers (continued)

An applicant for a waiver shall establish that: An applicant for a waiver shall establish that: (1) Compliance with a specific provision of this (1) Compliance with a specific provision of this regulation would cause undue financial regulation would cause undue financial hardship, as defined in §§D and E of this hardship, as defined in §§D and E of this regulation; orregulation; or(2) The existence of other factors would render (2) The existence of other factors would render compliance with this chapter unreasonable.compliance with this chapter unreasonable.

All waivers granted will expire January 31, 2011All waivers granted will expire January 31, 2011

Implementing the Clean Indoor Air ActHow will the CIAA be enforced?How will the CIAA be enforced?

Compliance with the law is the responsibility of Compliance with the law is the responsibility of

business\facility.business\facility.

Local Health Departments will enforce the law except Local Health Departments will enforce the law except for workplace issues (DLLR) and child/day care for workplace issues (DLLR) and child/day care (Child Care Administration).(Child Care Administration).

Compliance will be through a complaint-based Compliance will be through a complaint-based approach with complaints filed by employee or approach with complaints filed by employee or general public. general public.


CIAA Enforcement (continued):CIAA Enforcement (continued): Statewide Uniform Complaint Form Statewide Uniform Complaint Form

developed by DHMHdeveloped by DHMH

DHMH-DLLR MOUDHMH-DLLR MOU

Unfunded mandate on local Unfunded mandate on local government/health departmentsgovernment/health departments


What are the penalties?What are the penalties? First violation: written reprimandFirst violation: written reprimand Second violation: $100 civil penaltySecond violation: $100 civil penalty Third violation: $500 civil penaltyThird violation: $500 civil penalty Subsequent violations: $1000 civil Subsequent violations: $1000 civil

penalty for each occurrencepenalty for each occurrence


Additional Resources:Additional Resources:

Clean Indoor Air Act Help Line, 1-866-703-3266Clean Indoor Air Act Help Line, 1-866-703-3266

www.SmokingStopsHere.com and 1-800-QUIT NOW: and 1-800-QUIT NOW: These are absolutely free These are absolutely free services provided by DHMH and local health departments that provide information services provided by DHMH and local health departments that provide information on quitting and tools to help you quit for good.on quitting and tools to help you quit for good.

Frederick County Health Department: Frederick County Health Department: Environmental Health Services - Compliance, Complaints, and Waivers (301-600-Environmental Health Services - Compliance, Complaints, and Waivers (301-600-2542)2542)Tobacco Cessation Program (301-600-3289)Tobacco Cessation Program (301-600-3289)

COMAR 10.19.04 (website link): COMAR 10.19.04 (website link): http://cha.state.md.us/oeh/ciaa/pdf/COMAR_10-http://cha.state.md.us/oeh/ciaa/pdf/COMAR_10-19-04.pdf19-04.pdf

http://www.smokingstopshere.com/


Questions?Questions?Comments?Comments?Discussion?Discussion?

implementing the clean indoor air act (ciaa) bocc briefing january 29, 2008

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