2012 County Training_Original

Smoke-Free Arizona Act: 

Smoke-Free Arizona Act Arizona Department of Health Services Smoke-Free Arizona Program Annual County Training

The Basics: 

The Basics

Purpose of the Smoke-Free Arizona Act: 

Purpose of the Smoke-Free Arizona Act The main purpose of the Smoke-Free Arizona Act is to protect workers, customers, and the general public from the harmful effects of secondhand smoke in most enclosed public places and places of employment.

Smoking is Prohibited in:: 

Smoking is Prohibited in: Public Places Places of Employment – including vehicles* Within 20 feet of entrances, open windows, and ventilation systems of enclosed public places and places of employment * Vehicles owned by the employer and operated during working hours if the vehicle is occupied by more than one person

Requirements of the Act: 

Requirements of the Act

Requirements of the Act : 

Requirements of the Act Under the Act, proprietors of public places and places of employment where smoking is prohibited must: 1) Remove all indoor ashtrays and smoking receptacles and move all outdoor ashtrays and smoking receptacles at least 20 ft away from entrances, open windows, or ventilation systems 2) Post required “No Smoking” signs at every entrance into the establishment 3) Inform existing and prospective employees about the Law 4) Prohibit anyone from smoking inside and within 20 feet of all entrances of the public place or place of employment 5) Politely ask violators who are smoking where prohibited to extinguish their lit tobacco product or to smoke outside and at least 20 feet away from all entrances, open windows, and ventilation systems

The 20 Foot Rule: 

The 20 Foot Rule A proprietor should not permit smoking within 20 feet of the establishment’s entrances, open windows, or ventilation systems unless defined differently by a local ordinance The purpose of the “20 foot rule” is to prevent smoke from entering into areas where smoking is prohibited Keep in mind there are places where the “20 foot rule” does not apply

Sign Requirements: 

Sign Requirements

Required “No-Smoking” Signs: 

Required “No-Smoking” Signs Required Information: International red “No Smoking” symbol or the words “no smoking” Reference A.R.S.§ 36-601.01 Telephone Number 1-877-4-AZNOSMOKE Website www.smokefreearizona.org No smaller than 4”x6” for signs posted at entrances of enclosed public places and non-vehicle places of employment No smaller than 2”x3” for signs posted in vehicle places of employment Post “ No Smoking ” Signs at ALL entrances used by patrons, visitors, employees , contractors, etc…

Smoke-Free Arizona Sign : 

Smoke-Free Arizona Sign Universal RED “ No Smoking” symbol or the words “no smoking ” Smoke-Free Arizona Website Smoke-Free Arizona Phone # A.R.S. § 36-601.01

Exemptions: 

Exemptions

Exemptions: 

Exemptions Private Residences Outdoor Patios Hotel & Motel Rooms Retail Tobacco Stores Veteran & Fraternal Clubs Religious Ceremonies (American Indian Religious Freedom Act of 1978) Theatrical Performances Note: There are provisions for each exemption that must be met in order to be considered exempted from the Law

Exemptions: 

Exemptions For places that meet the exemption requirements, the following may not apply: Posting “No Smoking” signs 20 foot rule Smoking within 20 feet of entrances would be allowed Ashtrays within 20 feet of entrances would be allowed

Exemptions – Private Residence Statute: A.R.S. § 36-601.01(B)(1) Rules: R9-2-106: 

Exemptions – Private Residence Statute: A.R.S. § 36-601.01(B)(1) Rules: R9-2-106 Smoking is allowed in private residences except when used as a licensed* childcare, adult day care, or health care facility In a licensed facility, smoking is prohibited inside the enclosed licensed areas Facility may use outdoor patio exemption as long as tobacco smoke does not enter into the facility * Applies to facilities licensed by the Arizona Department of Health Services ( www.azdhs.gov/als/search/index.htm )

Licensed Facilities Using Outdoor Patio Exemption: 

Licensed Facilities Using Outdoor Patio Exemption Licensed Facility Accommodating Residents with Mobility Issues Behavioral Health Facility Assisted Living Facility

Private Residences (Multi-family Housing): 

Private Residences ( Multi-family Housing) Smoking inside individual multi-family housing units such as apartments, condominiums, or duplexes is allowed Each individual unit is exempt from the Act because they are considered private residences Tenants can smoke inside and on their balconies or patios, even if it is within 20 ft of a neighboring unit There is not a provision in Act regarding smoke infiltrating into private residences

Private Residences (Multi-family Housing): 

Private Residences ( Multi-family Housing) Smoking is prohibited inside and within 20 feet of entrances, open windows, or ventilation systems of enclosed common areas of multi-family housing Examples: Main Office Laundry Room Clubhouse Fitness Center Activity Center Mail Room Restrooms Indoor Pool

Exemptions – Hotel & Motel Rooms Statute: A.R.S. § 36-601.01(B)(2): 

Exemptions – Hotel & Motel Rooms Statute: A.R.S. § 36-601.01(B)(2) Smoking is allowed in designated smoking rooms in hotels / motels Not more than 50% of the hotel / motel rooms can be designated as smoking rooms

Hotel & Motel Rooms: 

Hotel & Motel Rooms Smoking is prohibited in enclosed common areas of hotels and motels such as: Lobby Restaurant Public Bathrooms Indoor Hallways Indoor Stairwells Elevators Conference Rooms Indoor Swimming Pools

Exemptions - Retail Tobacco Stores Statute: A.R.S. § 36-601.01(B)(3) Rules: R9-2-107 : 

Exemptions - Retail Tobacco Stores Statute: A.R.S. § 36-601.01(B)(3) Rules: R9-2-107 Smoking is allowed in retail tobacco stores that : Are physically separated From floor to ceiling; and Are independently ventilated From smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke-free areas

Exemptions - Retail Tobacco Stores Cont’d: 

Exemptions - Retail Tobacco Stores Cont’d Smoking is allowed in retail tobacco stores that: Can provide an affidavit and supporting documents showing at least 51% or more from annual sales of tobacco products & accessories Affidavit and documentation for the previous 3 months must be kept on site Must be renewed by January 31 of each year if the retail tobacco store has been in operation for at least an entire calendar year

Exemptions – Veterans & Fraternal Clubs Statute: A.R.S. § 36-601.01(B)(4) Rules:R9-2-104 (D): 

Exemptions – Veterans & Fraternal Clubs Statute: A.R.S. § 36-601.01(B)(4) Rules:R9-2-104 (D) Smoking is allowed in veterans / fraternal clubs when they are not open to the general public “Open to the general public" means "when the proprietor of a veterans or fraternal club permits an individual who is not a member, an employee, or a bona fide guest to be present in the veterans or fraternal club” (R9-2-101(17)) When veterans / fraternal clubs are open to the general public, smoking is prohibited in the area(s) that are open to the general public

Veterans and Fraternal Clubs: 

Veterans and Fraternal Clubs When the veteran or fraternal club holds an event that is open to the public, members can smoke in areas that are separate from the event. Example of what some veterans and fraternal clubs have done to separate smoking areas from non-smoking areas

Veterans & Fraternal Clubs: 

Veterans & Fraternal Clubs ♀ ♂ ♀ ♂ Member’s Only Lounge Smoking Allowed Bingo Hall – Open to the Public Smoking Prohibited

Exemptions - Outdoor Patios Statute: A.R.S. § 36-601.01(B)(6) Rules: R9-2-108: 

Exemptions - Outdoor Patios S tatute: A.R.S. § 36-601.01(B)(6) Rules: R9-2-108 Smoking is allowed on outdoor patios that: Meet the requirements of A.A.C. R9-2-108 Must be a contiguous area of a place of employment or public place Must be controlled by the proprietor Must use a method to prevent smoke from infiltrating into the establishment through entrances, open windows, and ventilation systems Must meet structure guidelines (see next slide and A.A.C. R9-2-108(A)(3))

Outdoor Patios: 

Outdoor Patios Patio areas must have at least one side that consists of: Open space; Permeable material; A combination of open space and permeable material; or A combination of open space, permeable material, and a pony wall not higher than 3 1/2 feet tall or the minimum height required by a local ordinance; or Have no overhead covering or an overhead covering that consists of: Permeable material, or A combination of open space and permeable material.

Outdoor Patios: 

Outdoor Patios The outdoor patio exemption is not only limited to the restaurant or bar industry. Outdoor pool patio’s are also exempt, so smoking is allowed around and within 20 feet of the pool.

Outdoor Patios: 

Outdoor Patios In order to prevent smoke from drifting into the establishment, proprietors can use methods such as: Air Curtains Fans Blowers Self-closing doors Distance Physical barriers ► Please keep in mind that these methods are only examples and not a requirement of the Act

Outdoor Patios – Self-Closing Door: 

Outdoor Patios – Self-Closing Door Proprietors may use a self-closing door to prevent smoke from drifting into the establishment.

Outdoor Patios - Distance: 

Outdoor Patios - Distance Proprietors may use the “ 20 Foot Rule” to prevent smoke from drifting into the establishment.

Outdoor Patios – Distance: 

Outdoor Patios – Distance Smoke-free entrance Smoking tables Proprietors may use distance by designating the tables closest to the entrance as “non-smoking” tables.

Outdoor Patios – Physical Barriers: 

Outdoor Patios – Physical Barriers Proprietors may use a physical barrier to prevent smoke from drifting into the establishment.

Exemptions – Religious Ceremony Statute: A.R.S. § 36-601.01(B)(5): 

Exemptions – Religious Ceremony Statute: A.R.S. § 36-601.01(B)(5) Smoking is allowed inside when associated with a religious ceremony practiced pursuant to the American Indian Religious Freedom Act of 1978

Exemptions – Theatrical Performance Statute: A.R.S. § 33-601.01(B)(7): 

Exemptions – Theatrical Performance Statute: A.R.S. § 33-601.01(B)(7) Smoking is allowed at theatrical performances upon a stage or in the course of a film or television production if the smoking is part of the performance or production

Going Above and Beyond the Smoke-Free Arizona Act: 

Going Above and Beyond the Smoke-Free Arizona Act

In-House Smoking Policies: 

In-House Smoking Policies The Smoke-Free Arizona Act allows proprietors to implement and enforce company or in-house smoking policies even if they are more strict than the Act For example: Proprietors are allowed to designate any area under their control as non-smoking Proprietors can provide designated smoking areas and allow smoking only in these areas Providing designated smoking areas is not a requirement of the Act

In-House Smoking Policies : 

In-House Smoking Policies Proprietors may choose to have a more strict smoking policy. This proprietor only allows smoking in the designated smoking area. Designated Smoking Area

Education and Outreach: 

Education and Outreach

Education / Outreach: 

Education / Outreach Education is a required component of the Smoke-Free Arizona Program Education and outreach are essential to the success of the program aiding in a high level of statewide compliance

Education / Outreach Ideas, Cont…: 

Education / Outreach Ideas, Cont… Health fairs Newsletters Presentations Public meetings Advisory visits (upon request) Educational visits (unannounced) If violations found: Document violations with an inspection report Back in the office, file a complaint Enter findings into the control panel database as a complaint observation Handing out signs in strip malls Working together with other programs in your department (adding SFA information to health packets) Target education efforts toward large corporate offices / property management companies

Annual Report Reminder: 

Annual Report Reminder Remember to record your educational services (presentations, consultations / counseling, media contacts) for the Annual Report!

Educational Materials: 

Educational Materials

Smoke-Free Arizona Brochures: 

Smoke-Free Arizona Brochures Use brochures as educational tools on inspections and advisory visits!

Smoke-Free Arizona Signs: 

Smoke-Free Arizona Signs To order signs, visit smokefreearizona.org

Complaints: 

Complaints

Statewide Complaints: 

Statewide Complaints Up to Nov 30, 2011

Filing Complaints: 

Filing Complaints Complaints can be filed anonymously Phone, e-mail, website (most complaints are filed on-line) County Health Departments can file complaints If a complainant calls the county health department directly If a complaint inspection is conducted and other businesses are noted out of compliance All complaints should be entered into a complaint form on the Smoke-Free Arizona website www.smokefreearizona.org All complaints need to be investigated within 15 days The burden is on complainants to follow-up on the complaint they filed, so they are given: Complaint ID numbers County contact information Provided via e-mail, phone, website

Most Frequent Complaints: 

Most Frequent Complaints Required “No Smoking signs” Establishment does not have the required “no-smoking” signs posted The reasonable distance “20 Foot Rule” Smoking within 20 feet of an entrance, open window or ventilation system Outdoor ashtrays located within 20 feet of an entrance, open window or ventilation system Outdoor patio not in compliance Smoke infiltrating into enclosed area where smoking is prohibited Outdoor patio does not meet the outdoor patio requirements

Inspections: 

Inspections

After Receiving a Complaint & Prior to Conducting an Inspection: 

After Receiving a Complaint & Prior to Conducting an Inspection Research establishment / complaint history on the SFA database and any county health department records prior to conducting an inspection Check for: # of complaints previously filed # of inspections previously conducted Violation history History of enforcement?

Inspections: 

Inspections If the department has reason to believe a violation of this Law exists, the department may enter upon and into any public place or place of employment for purposes of determining compliance with this Law. A.R.S. § 36-601.01 (G)(4) Examples of “reason to believe” Complaint Personal observation Purpose: If there is reason to believe a violation exists, ADHS or its delegate may enter the location to determine compliance

Basic Complaint Inspections: 

Basic Complaint Inspections Most of the inspections will take place outside on your way into the establishment Common violations No signage Smoking within 20 feet of entrances Ashtrays within 20 feet of entrances

Difficult Complaint Inspections: 

Difficult Complaint Inspections Less common violations Smoking inside (private offices, bathrooms, dressing rooms) Ashtrays and evidence of smoking inside Inspect in pairs (or send someone new) Inspect when violations are taking place Lunchtime, nights, weekends Check the complaint for the date and time the violation was observed

Difficult Complaint Inspections Cont’d: 

Difficult Complaint Inspections Cont ’d Look for hidden evidence of violations Trashcans, toilets, sinks, lingering smoke, ashes, cups, beer / soda cans, vases, containers with lids Refusal to allow inspection Explain this is a violation of the Law Write inspection report documenting refusal Re-inspection needed, may want police assistance Enforcement may be necessary if still refused inspection

Difficult Complaint Inspections Cont’d: 

Difficult Complaint Inspections Cont’d

Outdoor Patio Inspections: 

Outdoor Patio Inspections Refer to SFA Rules, A.A.C. R9-2-108 Provide a copy of the Rules if necessary Providing inaccurate information or guidance may create confusion and be costly if remodel is needed ADHS and CHD’s do not have authority to conduct plan review for outdoor smoking patios under the SFA Act CHD has authority to conduct plan review for health code compliance

PowerPoint Presentation: 

The purpose of this Outdoor Patio Advisory Form is to provide guidance to the proprietor(s) about the requirements of outdoor patios as defined by A.A.C. R9-2-108. This advisory does not constitute endorsement or acceptance of the current or proposed patio, nor does it indicate compliance with any other code, law, or regulation that may be required – federal, state, or local. The Arizona Department of Health Services does not perform plan review for outdoor patios. Outdoor Patio Advisory Form

Inspection Documentation: 

Inspection Documentation Use an inspection report for every complaint inspection Complete inspection report onsite Document observed violation and corrective action and whether the violation was corrected at the time of inspection Take pictures of observed violations Verify correct business name, address and owner information

Sample Inspection Report: 

Sample Inspection Report Inspector documents establishment information, date, time, and inspection purpose on inspection report. Inspector selects violation(s) observed at the time of inspection and signs inspection report.

Sample Inspection Report page 2: 

Sample Inspection Report page 2 Inspector documents the following for each observed violation: What violation was observed State the necessary corrective action Whether the violation was corrected at the time of inspection If the violation cannot be corrected at the time of inspection, a re-inspection may be necessary

Inspection Recommendations: 

Inspection Recommendations All complaint inspections must be conducted within 15 days Complaint re-inspections are necessary when violations of smoking inside where prohibited have been observed. Re- inspecitons should be conducted within a timely manner Enter all complaint findings into the control panel database in a timely manner Carry inspection materials to every inspection: Measuring Tape Camera Flashlight SFA signs and brochures Business cards Extra pens and inspection reports

Control Panel Database: 

Provide a description of the inspection, observations made during each inspection, and what the next step will be. https://smokefreeadmin.health.azdhs.gov/login.asp Control Panel Database

Inspection Summary: 

Inspection Summary Document all violations / observations at the time of inspection Inspection reports with signatures Pictures with time / date stamps Save all documentation for future reference (i.e. enforcement) Enter all findings into the SFA database Documentation is key!

Statewide Compliance is the Goal: 

Statewide Compliance is the Goal

Tips for Compliance: 

Tips for Compliance Provide helpful suggestions to the proprietor Use previous complaint inspection experiences Use successful ideas from other businesses Advisory visits Re-inspections

Enforcement: 

Enforcement

Administrative & Judicial Routes: 

Administrative & Judicial Routes Administrative Route Notice of Violation & Assessment of Civil Penalties $100-$500 per violation per day Judicial Route Application for injunctive relief in County Superior Court $100-$500 per violation per day Up to $5000 per violation per day Pattern of non-compliance Willful violations

Notices of Violation May 1, 2010 – April 30, 2011: 

Notices of Violation May 1, 2010 – April 30, 2011 18 NOV’s issued statewide 2 of which were issued by ADHS Numerous settlements were reached, a total of $9,150 in civil penalty fines were collected for willful violations

Injunctive Relief May 1, 2010 – April 30, 2011: 

Injunctive Relief May 1, 2010 – April 30, 2011 No cases were brought before the superior court for injunctive relief this year

Roles and Responsibilities of the County Health Departments: 

Roles and Responsibilities of the County Health Departments Lead Program Responsible for Education and Compliance for each County Health Department Environmental Services Tobacco Education Environmental Health/Tobacco Education Arizona Department of Health Services

Roles and Responsibilities of the County Health Departments (cont’d): 

Roles and Responsibilities of the County Health Departments (cont’d) Enforcement Responsibilities for each County Health Department Arizona Department of Health Services County Enforcement

Enforcement Referral: 

Enforcement Referral For the counties who refer possible cases to ADHS for enforcement please follow the process below: Ensure a pattern of non-compliance has been established Notify Krystal Colburn, Smoke-Free Arizona Program Manager , via email, phone, or fax with the following necessary documentation: Complaint referral submittal form Copies of complaint(s) Copies of all inspection reports Copies of picture(s) Any letters / emails / faxes sent to the proprietor (if applicable) Update all inspection findings in the control panel database

Enforcement Referral: 

Enforcement Referral As shown in the previous slide , 7 county health departments refer enforcement cases to ADHS Referrals are applicable when county health department staff have documented a pattern of non-compliance or have reason to believe that willful compliance will not take place without enforcement It is pertinent to have a true account of the events when determining whether a notice of violation and/or a notice of assessment of civil penalties are applicable Documentation is the key in enforcement

Enforcement Referral Cont’d: 

Enforcement Referral Cont’d Step 1: Complete the following items prior to referring a complaint to ADHS: Enter all complaint inspection findings into the Smoke-Free Arizona control panel database Select the complaint status “referred to ADHS” for primary complaint ID #

Enforcement Referral Cont’d: 

Enforcement Referral Cont’d Step 2: Please provide the following items to ADHS when referring a complaint along with the Complaint Submittal Form : Name and address of establishment Primary complaint ID # Brief description of the reason for the referral Documentation supporting observations: Inspection reports – Inspection reports should be signed Complaints – Please provide each Smoke-Free Arizona complaint (from the database) that is specific to the referral Photos (if applicable) – Each photo should be labeled with the date, time, photographer, and a brief description of the photo Letters sent to proprietor of establishment (if applicable) - If letters are sent via certified mail, the certified mail receipts should be saved Other documentation (if applicable) To refer a complaint to ADHS for enforcement, please contact Krystal Colburn, Smoke-Free Arizona Program Manager at (602)364-3449 or at colburk@azdhs.gov . Documentation may be faxed to (602)364-3146.

Tips and Lessons Learned for Successful Enforcement: 

Tips and Lessons Learned for Successful Enforcement Documentation: make sure to verify name of establishment, owner (manager, PIC) and exact address when conducting inspections Clearly explain violation and document corrective action Good pictures (before and after pictures) Get as much information as possible during the inspection Get a business card or brochure for additional contact / business information Refer to the enforcement toolkit provided by ADHS

Before and After Pictures: 

Before and After Pictures Before pictures are good documentation of violations, after pictures show how violations have been corrected.

Before and After Pictures: 

Before and After Pictures Outdoor trashcans and ashtrays located within 20 feet of entrances into businesses in a strip mall complex.

Adapting to Better Serve Arizonans: 

Adapting to Better Serve Arizonans

Outreach Opportunities: 

Outreach Opportunities ADHS has always used outreach opportunities to educate business owners and citizens about the Smoke-Free Arizona Act and we continue to do so with the development of new forms of outreach. Examples include: SFA Newsletter using mass email distribution Interactive components to the SFA website Social media

Developing a SFA Application: 

Developing a SFA Application SFA App will allow user to: Take picture of a violation of the SFA Act File a complaint against an establishment from their smart phone Send complaint to SFA Program COMING SOON!

Questions & Answers: 

Questions & Answers Questions throughout the last year

Strip Malls: 

Strip Malls Work with both the property management company and the individual business owners to achieve compliance.

Cigarette Smoke Smell Vs. Physical Presence: 

Cigarette Smoke Smell Vs. Physical Presence The Act does not address the smell of smoke, only the physical presence of smoke.

E- Cigarette: 

E- Cigarette The Smoke-Free Arizona Act only regulates tobacco smoke Public misconception Business owner responsibility

Annual Report: 

Annual Report *Reminder: Throughout the year, take note of any success stories within your county that you would like to have featured in the SFA Annual Report.

Quiz Questions: 

Quiz Questions

Which of the following is not a requirement of the SFA Act?: 

Which of the following is not a requirement of the SFA Act? Remove indoor ashtrays Prohibit anyone from smoking within 20 feet of the building Post required “No Smoking” signs Inform employees about the Act Prohibit anyone from smoking inside and within 20 feet of all entrances Inform violators if they are smoking where prohibited

What are the requirements for the outdoor patio exemption?: 

What are the requirements for the outdoor patio exemption? Patio must be contiguous to the enclosed public place or place of employment Patio must be controlled by the proprietor A method to prevent smoke from entering non-smoking areas must be used Patio must have a defined structure Patio must meet structural guidelines defined in A.A.C. R9-2-108(A)(3) A,B,C, and E are correct A,B,C, and D are correct

Can an inspector conduct plan review to determine if the new outdoor smoking patio that I want to build meets the requirements of the SFA Act? : 

Can an inspector conduct plan review to determine if the new outdoor smoking patio that I want to build meets the requirements of the SFA Act? No, ADHS and CHDs do not have the authority to conduct plan review for outdoor smoking patios ADHS and CHDs can provide a copy of the Rules and Statute which contain the requirements of the Act regarding outdoor smoking patios Yes, inspectors can review plans to determine if the patio meets the requirements of the Act A and B are correct

What is the most important thing to remember when conducting an inspection?: 

What is the most important thing to remember when conducting an inspection? Documentation, including a complete inspection report and pictures To “catch” a person violating the Law To assess civil penalties against the business If you drive by and see that the business is in compliance, there is no need to conduct a inspection

Why are pictures taken during an inspection important?: 

Why are pictures taken during an inspection important? They can be used as evidence during enforcement proceedings They are a good way to document changes made at an establishment (i.e. before and after) Pictures are not necessary and always make the proprietor mad Both A and B are correct Both A and C are correct

Contact Information: 

Contact Information Krystal Colburn, Program Manager, SFA krystal.colburn@azdhs.gov 602-364-3449 Myrna Motta, Program Specialist, SFA myrna.motta@azdhs.gov 602-364-3141