Bulletin From "It's The Law" Luncheon
Charles Patterson said his department would have no trouble enforcing the recent statewide smoking ban.
“We enforce Ohio Revised Code every day so it’s not something we are not familiar with. It’s not a procedure we don’t do every day,” said Patterson, the commissioner of the Clark County Combined Health District during the recent Greater Springfield Chamber of Commerce’s “It’s the Law” luncheon at the Courtyard by Marriott.
He said it won’t be any different than other health codes they enforce, and he doesn’t anticipate there being any added burden placed on his department.
Enforcement of the ban and other regulations associated with it has been entrusted to the local departments of health in the state. The ban took effect Dec. 7, but enforcement has not begun other than to send letters to reported violators informing them of the new law.
Ohio is one of a handful of states with smoking bans or smoke-free workplaces, said Tony Fiore, director of Labor and Human Relations Policy for the Ohio Chamber of Commerce.
There are a number of places where the ban will not be regulated and they include:
- private residences;*
- designated sleeping rooms at lodging facilities;*
- family owned and operated places of employment;*
- nursing homes;*
- retail tobacco stores;*
- outdoor patios;*
- private clubs.*
Patterson said one of the most contentious areas has been what constitutes a private club. When the City of Toledo banned smoking, bars began charging patrons a $1 lifetime fee to become a member of the “club.”
The new Ohio law was written to prevent bars, restaurants and other establishments to do that as a way of circumventing the law.
“We have quite a bit of history in that we have several states with similar legislation, and so because of that we have some case history on legal challenges,” he said.
A hearing on the rules will be held at 10 a.m. Tuesday, Feb. 27 at the William Green Building auditorium, 30 West Spring St., Columbus. A period of informal discussion has been held and the state is in the midst of 65-day comment process. Patterson doesn’t expect many changes to be forthcoming.
“Most of the comments received during the informal period we could not deal with because they wanted us to do something other than what the law allows. The law is fairly tight. There is not a lot of wiggle room,” he said.
A few of the law’s stipulations include:
* Employers and property owners should remove ashtrays and post no-smoking signs at their facilities. The smoking receptacles can be placed at entrances solely for the disposing of smoking materials.
* The ban includes business vehicles occupied by more than one person if one is not a smoker.
* Employers must post no-smoking signs at the entrance to buildings that include the Ohio Department of Health hotline or the number to the local health department. An internal number to the establishment also can be listed.
Some more information...
Ohio’s new smoke-free, clean indoor air law, requires almost all businesses to maintain smoke free facilities or face penalties effective DECEMBER 7TH.
Under a new chapter of the Ohio Revised Code (ORC), this new law requires “public places” and “places of employment” to be smoke free by December 7th, 2006.
These businesses and organizations must also post ‘NO SMOKING’ signs that contain the telephone number (6446) for reporting violations; and remove ashtrays and other smoking receptacles. Download the required NO SMOKING SIGN here. IT MUST BE PRINTED WITH THE RED COLOR ON THE POSTER AND IT MUST BE POSTED AT EACH ENTRY TO YOUR BUSINESS. If you are unable to print the poster in color you may pick up a copy at the Chamber offices.
For More information:
Local contact:
Charles Patterson/Health Commissioner, Clark County Combined Health District,
cpatterson@ccchd.com,
www.odh.ohio.gov/alerts/ohiosmokingban.aspx
