Implementing the Clean Indoor Air Act (CIAA) BOCC Briefing January 29, 2008

Implementing the Clean Indoor Air Act What is the Clean Indoor Air Act (CIAA) of 2007?  Statewide prohibition of smoking in virtually all indoor workplaces as of February 1,  People in Maryland will now have clean, smoke-free air while working, dining, shopping, or relaxing throughout the state.

Implementing the Clean Indoor Air Act Why?  ~62,000 nonsmokers in US die each year from secondhand smoke.  Documented cause of serious illness/health effects: lung cancer, heart disease, bronchitis, pneumonia, asthma, and SID syndrome

Implementing the Clean Indoor Air Act Why? (continued)  Over 82% of Maryland adults are non-smokers.  From smoking continues to decline in Maryland: 21% amongst adults 27% amongst year olds  Smoking base will continue to decline as 75% of current smokers say they are “seriously planning to quit.” of current smokers say they are “seriously planning to quit.”

Implementing the Clean Indoor Air Act Why? (continued) Why? (continued)  24 other States have enacted laws to create smoke-free restaurants.  18 States enacted laws for smoke-free bars.  Entire countries – England, Ireland, Scotland, Uruguay, and New Zealand have 100% smoke-free bars and restaurants.  Locally Baltimore City and six counties (Charles, Howard, Montgomery, Prince Georges, and Talbot) have smoking bans.

Implementing the Clean Indoor Air Act Why? (continued)  Statewide ban places every community on a level playing field.  Private clubs are treated the same way as public clubs and businesses – small business the same as larger business.  All treated the same

Implementing the Clean Indoor Air Act What is covered under the CIAA? Indoor areas and meeting places open to the public Indoor areas and meeting places open to the public Indoor places of employment Indoor places of employment Mass transit vehicles Mass transit vehicles Private homes\residences being used by a licensed day care or child care provider Private homes\residences being used by a licensed day care or child care provider Private vehicles used for the public transportation of children\health care\day care Private vehicles used for the public transportation of children\health care\day care Clubs with alcohol licenses Clubs with alcohol licenses

Implementing the Clean Indoor Air Act Can employees smoke anywhere indoor?  No. Smoking is not permitted anywhere inside the premises, including private offices and break rooms.  Businesses that currently have a separate room for smoking can no longer allow smoking in these rooms or anywhere else inside. Employees who smoke must go outside to smoke.

Implementing the Clean Indoor Air Act Are there public places where smoking is still allowed?  Smoking may still be permitted in tobacco shops, outdoor areas of bars and restaurants, and up to 25 percent of hotel\motel guest rooms.  The Act does not ban smoking outdoors. However, some jurisdictions may have stricter ordinances and some specific businesses may be exempt or have a temporary waiver from some requirements of the Act.

Implementing the Clean Indoor Air Act What businesses\facilities are affected?  Retail stores  Financial service institutions  Theaters, concert halls, museums, and libraries  Athletic facilities  Government buildings and educational institutions  Hotels and motels  Clubs as defined in Article 2B §1-102(a)(4), Annotated Code of Maryland

Implementing the Clean Indoor Air Act How do businesses\owners comply with law?  Post signs stating that smoking is prohibited at each entrance and in prominent locations inside the facility.  Prohibit smoking in the establishment.

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

Implementing the Clean Indoor Air Act Waivers (continued) Waivers (continued) An applicant for a waiver shall establish that: (1) Compliance with a specific provision of this regulation would cause undue financial hardship, as defined in §§D and E of this regulation; or (2) The existence of other factors would render compliance with this chapter unreasonable. All waivers granted will expire January 31, 2011

Implementing the Clean Indoor Air Act How will the CIAA be enforced?  Compliance with the law is the responsibility of business\facility.  Local Health Departments will enforce the law except for workplace issues (DLLR) and child/day care (Child Care Administration).  Compliance will be through a complaint- based approach with complaints filed by employee or general public.

Implementing the Clean Indoor Air Act CIAA Enforcement (continued):  Statewide Uniform Complaint Form developed by DHMH  DHMH-DLLR MOU  Unfunded mandate on local government/health departments

Implementing the Clean Indoor Air Act What are the penalties?  First violation: written reprimand  Second violation: $100 civil penalty  Third violation: $500 civil penalty  Subsequent violations: $1000 civil penalty for each occurrence

Implementing the Clean Indoor Air Act Additional Resources:  Clean Indoor Air Act Help Line,  and QUIT NOW: These are absolutely free services provided by DHMH and local health departments that provide information on quitting and tools to help you quit for good.  Frederick County Health Department: Environmental Health Services - Compliance, Complaints, and Waivers ( ) Tobacco Cessation Program ( )  COMAR (website link):

Implementing the Clean Indoor Air Act Questions?Comments?Discussion?