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Date: June 2, 2017
JUN ' 2017
To: Interested Parties CITY OF LAUREL
From: John Felton,Yellowstone County Health Officer,RiverStone Health President&CEO
RE: RULE #7 Notice of Public Hearing
On Wednesday,June 21,2017 the RiverStone Board of Health (Board)will hold a public hearing
regarding Rules and Regulations for Clean Indoor Air,RULE #7. The public hearing will begin at
5pm in the first floor conference rooms in the Lil Anderson Center on the RiverStone Health
campus at 123 South 271h Street, Billings.
A copy of the proposed RULE #7,is attached for your convenience. It can also be found on the
RiverStone Health website,RiverStoneHealth.org.
RULE #7 proposes prohibiting the indoor use of electronic nicotine delivery systems (ENDS),
which includes 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 include time for Board members to ask questions and seek
clarification from those testifying.
If you are unable to attend the hearing but would like to submit testimony,you can do so at
Rule7(a,RiverStoneHealth.org or by sending your comments to:
RiverStone Board of Health
Attn: Rule 7
123 South 27t'Street
Billings,MT 59101
Comments will be accepted until 5pm on Friday June 30,2017 and distributed to each member of
the Board.
A decision on the adoption of the proposed Rule is currently anticipated to occur at the July/August
meeting of the Board.
If you have questions or comments, please contact me at 247.3200.
123 South 27th Street•Billings,MT 59101-4200•www.riverstonehealth.org
iver tone
Health
Connecting you to a better life
RULES AND REGULATIONS
FOR
Clean Indoor Air
RULE # 7
YELL 0WSTONE CITY-CO UNTY BOARD OF HEALTH
d/b/a RIVERSTONE HEALTH
RiverStone Health
i
123 S. 27th St.
Billings, MT 59101
[Rule 7_2017.04.13 fi n aldraft]
Table of Contents
Section P-
Preamble
Section 1 —Authority and Scope of Rules
Section Z—Effective Date
Section 3—Definition
Section 4—General Requirements
Section 5—Exemptions
Section 6-Enforcement and Violations (this section could include inspection,enforcement,complaints,
violations and penalties)
Section 7 -Conflict of Ordinances (this section addresses conflict between provisions of the rule and any
zoning,building, fire, safety of health regulation of Yellowstone County or local municipalities and
severability)
Section 8 -Adoption by Reference (this specifies pertinent state statutes and rules)
Signature page
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Preamble
The Yellowstone City-County Health Department, dba RiverStone Health, is a multi-jurisdictional
service district created under an inter-local agreement among the City of Billings, Montana, (`Billings") the
City of Laurel, Montana ("Laurel") and Yellowstone County, Montana (the "County") for the purpose of
providing a higher level of service than is available through local governments forming such a district and to
provide services that are not available through the governments forming such a district. The inter-local
agreement creates a City-County Board of Health (the "Board") which possesses the powers, duties,
obligations, and responsibilities granted to local boards of health under 50-2-101, MCA et seq ("Health
Department Functions"). Those powers include the authority to appoint a local health officer (the "Health
Officer") who possesses the powers and duties enumerated under 50-2-118, MCA. Health Department
Functions include:
1. Adoption of necessary rules and regulations that are not less stringent than state standards
found in Title 50 Chapter 40 Montana Code Annotated in order to protect the public health
and welfare.
2. Adoption of other regulations that do not conflict with rules adopted by the Montana
Department of Public Health and Human Services in order to implement the public health
laws.
At a public hearing and public comment duly held on , the Board adopted written
findings that based on the evidence in the record,implementing the provisions of this rule protects the public
health or environment; and the Board requirements and standards imposed can mitigate the harm to the
public health or the environment and is achievable under current technology. The written findings referenced
information and peer-review scientific studies contained in the record that formed the basis for the Board's
conclusion and includes information from the hearing record regarding the costs to the regulated community
that are directly attributable to the proposed local standard or requirement outlined in this rule.
Purpose of Regulations
Smoke, (smoking of tobacco or any other smokable product or nicotine vapor system) is an
affirmative danger to health and a cause of material annoyance, inconvenience, discomfort, and a health
hazard to those who are present in confined spaces. Second hand smoke is smoke, a by-product of smoking
tobacco or smoking any other smokable product or nicotine vapor system and second hand smoke is harmful
to persons with certain respiratory conditions and has also been determined to cause cancer to nonsmokers
exposed to second hand smoke on a frequent basis.
In order to serve public health, safety and welfare, to reduce unwanted and unwelcome exposure to
second hand smoke, to assure a cleaner and more hygienic environment for Yellowstone County,its residents
and visitors, to strike a reasonable balance between the needs of people who smoke and the needs of
nonsmokers,including children and persons with existing respiratory conditions (while recognizing the threat
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to public health and the environment which smoking causes),the declared purpose for Public Health Rule #7
is to prohibit smoking or use of tobacco or any smokable product, plant or other natural or mechanical
nicotine delivery system in certain areas which are used or open to the public and certain areas in places of
employment.
Wholeheartedly embracing the tenants of the Montana Clean Indoor Air Act, the Board of Health
acknowledges its responsibility to ensure the public health is maintained by enforcing regulations to protect
the public from direct and indirect exposure to smoke by preventing smoking in public spaces and places of
employment. It is with this in mind that the Board of Health has adopted the following reasonable and
necessary regulations.
Section 1—Authority and Scope of Rules
1.1 Pursuant to 50-2-116, MCA, local Boards of Health may adopt regulations not less stringent than
state standards in order to seek compliance with the Montana Clean Indoor Air Act.
1.2 Pursuant to 50-2-116 (1)(i) the Board of Health may bring and pursue actions and issue orders
necessary to abate, restrain or prosecute the violation of public health laws, rules and local
regulations.
1.3 Pursuant to Title 50,Chapter 40,Part 1 of the Montana Clean Indoor Air Act for which the Montana
Legislature enacted for the following purposes:
(1) To protect the public health and welfare by prohibiting smoking in public places and
places of employment.
(2) To recognize the rights of nonsmokers to breathe smoke—free air.
(3) To recognize that the need to breathe smoke-free air has priority over the desire to
smoke.
1.3 These Rule #7 regulations cover specified public spaces including places of employment as defined
herein located in Yellowstone County.
1.4 Failure to comply with these regulations will subject individual smokers, business owners and/or
employers who violate the Montana Clean Indoor Air Act, to the penalty provisions of M.C.A.
Section 50-40-115.
Section 2—Effective Date
All provisions established under this rule are effective as of[insert date of adoption].
Section 3—Definitions
Whenever used in these rules and regulations,the following terms shall be construed as follows:
3.1 The word "bar" means an establishment with a license issued pursuant to Title 16, chapter 4, that is
devoted to serving alcoholic beverages for consumption by guests or patrons on the premises and in
which the serving of food is only incidental to the service of alcoholic beverages or gambling operations.
The term includes but is not limited to taverns,night clubs, cocktail lounges, and casinos.
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3.2 The word`Board"means the RiverStone Health Board of Health and its designees.
3.3 The word "cigarette" means any tobacco, narcotics, herbs, medicated substances,marijuana or any other
smokable product enclosed in paper and meant to be smoked.
3.4 The words "electronic cigarette" (E-Cigs) means any electronic device that delivers nicotine or other
harmful vapor or aerosol for inhalation. E-Cigs shall include any refill, cartridge, and any other
component of an E-Cig.
3.5 The word "Department" means the Department of Public Health and Human Services provided for in
M.C.A. 2-15-2201.
3.6 The words "enclosed public place" means an indoor area, room, or vehicle that the general public is
allowed to enter or that serves as a place of work,including but not limited to the following:
a) restaurants;
b) stores;
c) public and private office buildings and offices, including all office buildings and offices of
political subdivisions,as provided for in 50-40-201,and state government;
d) trains,buses,and other forms of public transportation;
e) health care facilities;
0 auditoriums,arenas,and assembly facilities;
g) meeting rooms open to the public;
h) bars;
i) community college facilities;
j) facilities of the Montana university system;and
k) public schools,as provided for in 20-1-220 and 50-40-104.
3.7 The word "establishment" means an enterprise under one roof that serves the public and for which a
single person,agency,corporation, or legal entity is responsible.
3.8 The words `incidental to the service of alcoholic beverages or gambling operations" means that at least
60% of the business's annual gross income comes from the sale of alcoholic beverages or gambling
receipts,or both.
3.9 The word "person" means an individual, partnership, corporation, association, political subdivision, or
other entity.
3.10 The words "place of work"means an enclosed room where one or more individuals work.
3.11 The word"pipe"means a narrow tube made from wood,plastic metal,clay or other material with a bowl
on one end for containing burning tobacco, narcotics, herbs, medicated substances, marijuana or any
other smokable product meant to be smoked by drawing smoke into the mouth.
3.12 The words "shopping mall" means an enclosed public walkway or hall area that serves to connect retail
or professional establishments.
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3.13 The word "smoke" means the gaseous products (which carry airborne toxic particles) of burning
tobacco or something similar to tobacco, or the fumes,vapor and or aerosol resulting from the action of
heat on liquid such as occurs in an E-Cig or similar nicotine vapor devices.
3.14 The word "smoking" or the words "to smoke" includes the act of lighting, smoking, or carrying a
lighted cigar, cigarette,pipe, or any smokable product and includes the use of marijuana for a debilitating
medical condition as provided for in Title 50, chapter 46.To smoke also includes the use of a device that
delivers a nicotine or other harmful vapor or aerosol for inhalation.
3.15 The words "sports arena" means sports pavilions, stadiums, (indoor or outdoor) organized sports fields,
gymnasiums, health spas, boxing arenas, roller and ice rinks, bowling alleys, golf courses, and other
similar places where members of the general public assemble to engage in physical exercise, participate in
athletic competition,or witness sports or other events.
3.16 The word "violation" means smoking in an enclosed public place, failing to post signs prohibiting
smoking in an establishment, allowing smoking in an establishment, place of work,or an enclosed public
place,and other similar allowances
Section 4—General Requirements
4.1 Prohibition of Smoking in Public Places
Smoking,is prohibited in all enclosed public places within Yellowstone County. This includes, but is
not limited to the following locations:
a) Libraries,museums,post office buildings,churches and courthouses;
b) Areas available to and customarily used by the general public in business and nonprofit entities
patronized by the public;
c) Professional offices,banks laundromats,hotels and motels;
d) Bars and casinos and similar facilities;
e) Convention facilities;
0 Elevators;
g) Facilities used for exhibiting a motion picture, stage, drama,lecture,musical,recital,or other
similar performance;
h) Health care facilities;
i) Licensed child care and adult care facilities;
j) Lobbies,hallways, and similar common areas in apartment buildings,condominiums,trailer
parks,retirement facilities,nursing homes,and other multiple residential facilities;
k) Polling places;
1) Public transport facilities:
a. Buses,taxicabs,and private vehicles used for public transportation;
m) Common use areas:
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a. Restrooms. lobbies,reception areas,hallways,and other similar places;
n) Retail stores;
o) Places of meeting or public assembly,including school buildings;
p) Places under control of an agency, board, commission or council when a public meeting is in
progress;
q) Schools:
a. Primary, secondary,and post-secondary education facilities;
r) Shopping mall including connecting walkways,enclosed parking areas and partially enclosed
parking areas;
s) Sports arenas,including outdoor arenas;
t) Public swiimining pools;
u) Airport
4.2 Prohibition of Smoking in Places of Employment.
Smoking, including the use of E-Cigs is prohibited in all enclosed facilities within places of
employment without exception.
4.3 Smoking Distance
Smoking may not occur within thirty (30) feet of an enclosed public place or an establishment such
that tobacco smoke, E-Cig vapor or aerosol may enter through its entrances,windows,ventilation systems or
other accesses and circulate to non-smoking areas.
Section 5—Exemptions
5.1 Where Smoking is not regulated
The prohibition does not apply to the following places,whether or not the public is allowed access to
those places:
a) A private residence unless it is used for any of the following purposes, in which case the
prohibition applies:
a. A family day-care home or group day-care home, as defined in M.C.A. � 52-2-703 and
licensed pursuant to Title 52,Chapter 2,part 7;
b. An adult foster care home, as defined in M.C.A. � 50-5-101 and licensed pursuant to
Title 50,Chapter 5;or
c. A health care facility, as defined in M.C.A. § 50-5-101 and licensed pursuant to Title 50,
Chapter 5.
d. A cottage food operation, as defined in MCA 50-50-102 and registered with the local
health authority.
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b) School property in which smoking is allowed pursuant to the exception in M.C.A. � 20-1-
220.
c) A hotel or motel room designated as a smoking room and rented to a guest; however, not
more than thirty-five percent (35%) of the rooms available to rent to a guest may be
designated as smoking rooms.
d) A site that is being used in connection with the practice of cultural activities by American
Indians that is in accordance with the American Indian Religious Freedom Act, 42 U.S.C.
1996 and 1996a.
5.2 Exception
The provisions of these regulations shall not apply to any stage performance provided that smoking
is part of a theatrical production.
Section 6—Enforcement,Violations and Penalties
6.1 Enforcement
1) The provisions of Rule#7 shall be supervised and enforced by the Board.
2) In addition to enforcement of these rules by the Board, the local fire department, or their
designees shall, while an establishment is undergoing otherwise mandated inspections, inspect
for compliance with the Montana Clean Indoor Air Act and Rule #7 and shall notify the Board
in writing of any violations herein.
3) An owner,manager, operator, or employee of an establishment regulated by the Montana Clean
Indoor Air Act or theses regulations shall inform persons violating the Act or these regulations
of the appropriate provisions thereof.
4) The public can submit a complaint of violation of the Montana Clean Indoor Air Act
electronically or by hard copy by accessing the Montana Tobacco Use Prevention
Program website at https://ejs.hhs.mt.gov:8445/cars/complaintForm.wems
POSTING OF NO SMOKING SIGNS—signage to be sullied by RiverStone Health
It is the responsibility of the proprietor or manager of an establishment containing enclosed public
places to post a sign 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 indicating the setback provision of Rule #7 designating that there is no smoking within
thirty (30) feet from the building to include 30 feet from windows and ventilation ducts located on the
building,will be placed at all major entrances and exits.
6.2 Penalties Section 50-4-115, M.C.A. states: (1) It is unlawful for a person to smoke in any area where
smoking is prohibited under 20-1-220 (public school buildings, public school property), or 50-40-104,
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(smoking in enclosed public places). A person who violates 20-1-20 or 50-40-104 is guilty of a misdemeanor
and shall be subject to a fine of not less than$25 or more than$100.
(2) A person who owns, manages, operates or otherwise controls a public place or place of
employment and fails to comply with the provisions of Title 50, chapter 40, (including Local 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:
(a) a warning for the first violation;
(b) a written reprimand for a second violation;and
(c) within any 3-year period,a fine of-
(i) $100 for a third violation;
(ii) $200 for a fourth violation;and
(iii) $500 for a fifth or subsequent violation.
(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 purpose of 23-5-119,23-5-177, or 23-5-
611(1)(a) or(1)(c).
Section 7-Conflict of Ordinances
7.1 In an instance where a provision of this Rule is found to be in conflict with a provision of any zoning,
building, fire, safety, or health regulation or code of Yellowstone County, or any municipality within
Yellowstone County, existing on the effective date of this regulation, the provision which is determined
by the Health Officer to establish a higher standard for the protection of the public health, safety, and
welfare shall prevail.
7.2 In an instance where a provision of this Rule is found to be in conflict with a provision of any other
ordinance or code of Yellowstone County, or any municipality within Yellowstone County, on the
effective date of this regulation, the provisions of this Rule shall be deemed to prevail, and such other
provisions of any ordinances or codes are hereby declared superseded to the extent that they may be
found in conflict with this regulation.
7.3 If any section, paragraph, sentence, clause, or phrase of this Rule should be declared invalid for any
reason, such invalidity shall not affect the remaining portions of this rule. The provisions of this Rule are
hereby severable.
Section 8—Adoption by Reference
8.1 Electronic Nicotine Delivery Systems:
www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm
truthinitiative.org/sites/default/files/The Truth About Electronic Nicotine Delivery Systems. pdf
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8.2 Copies of the documents incorporated by reference in this rule may be obtained from RiverStone
Health Board of Health, 123 S. 27th Street,Billings,MT 59101.
Signature page
PASSED AND ADOPTED BY THE RIVERSTONE BOARD OF HEALTH,this day of
,201_.
CHAIRMAN
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