Board of Health puts teeth into anti-smoking law

PORT TOWNSEND — Jefferson County has gone from education to enforcement of Initiative 901 regulations that ban smoking in public buildings.

During Thursday’s Board of Health meeting, a five-tier enforcement policy was unanimously approved 7-0 following a public hearing during which only one resident attended and spoke in support of the policy.

“It is just a social change that we have to do for health,” said Gail Jenkins of Port Townsend, offering the only public comment of the meeting.

“It needs to take place.”

The adopted enforcement approach has five steps, each enacted when Jefferson County Public Health receives a complaint that a business is not complying with the law.

The law, approved by a 63 percent majority of state voters during the Nov. 8 general election, expands the 1985 Clean Indoor Air Act to prohibit smoking in public places and places of employment, including bars and restaurants.

Those who smoke must do so 25 feet away from a building’s entrance, windows or ventilation.

Written warning first

When Public Health officials receive a complaint about a business not enforcing the smoking ordinance, they will issue a written warning asking the person or persons in charge of the business to voluntarily comply with the law.

A second complaint will prompt a written notice ordering compliance with the law.

A $100 ticket will be issued in response to a third complaint.

If a fourth complaint occurs and the violating business serves food, the Food Service Establishment permit will be suspended by Public Health until the business complies with the law.

The Food Service Establishment permit can be permanently revoked on the fifth violation, but revocation can be appealed by the business owner.

If a business does not serve food, $100 citations will be issued for each additional complaint.

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