WSR 06-15-097

PROPOSED RULES

CENTRAL WASHINGTON UNIVERSITY


[ Filed July 17, 2006, 10:54 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-08-071.

Title of Rule and Other Identifying Information: Tobacco use regulations and violations, chapter 106-124 WAC.

Hearing Location(s): Central Washington University, Barge Hall, Room 304, on August 30, 2006, at 3:00 p.m.

Date of Intended Adoption: September 6, 2006.

Submit Written Comments to: Judy B. Miller, CWU President's Office, 400 East University Way, Ellensburg, WA 98926-7501, e-mail miller@cwu.edu, fax (509) 963-3206.

Assistance for Persons with Disabilities: Contact Disability Support Services, TTY (509) 963-2143.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend current rules regarding smoking outside campus buildings where smoking is prohibited to comply with state law, clarify designation of identified outdoor smoking areas, and adjust infraction amount.

Reasons Supporting Proposal: Comply with state law and inform the public of new requirements.

Statutory Authority for Adoption: RCW 28B.10.528 and 28B.35.120(12).

Statute Being Implemented: RCW 70.160.075.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Judy B. Miller, President's Office, public.

Name of Agency Personnel Responsible for Drafting: Steve Rittereiser, Public Safety/Police Services, 400 East University Way, Ellensburg, 98926-7527, (509) 963-2959; Implementation and Enforcement: Kevin Higgins, Public Safety/Police Services, 400 East University Way, Ellensburg, 98926-7527, (509) 963-2959

No small business economic impact statement has been prepared under chapter 19.85 RCW. Rule does not impose costs on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Specifically dictated by RCW 34.05.328.5 (b)(v) [RCW 34.05.328 (5)(b)(v)].

July 14, 2006

Elizabeth M. Street

Executive Assistant to the

President for Policy and Planning

OTS-9017.1


AMENDATORY SECTION(Amending WSR 04-12-015, filed 5/24/04, effective 6/24/04)

WAC 106-124-910   Tobacco regulations.   (1) The act(s) of smoking or chewing tobacco shall not be permitted inside any Central Washington University administrative or academic building or in identified external areas that may affect those people inside the administrative and academic buildings.

(2) Smoking is prohibited within ((twenty feet of administrative and academic buildings, except in designated areas determined by the vice-president for business and financial affairs or his or her designee)) a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes of campus buildings where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means.

(3) Smoking will be allowed in identified outdoor smoking areas ((on campus)) in compliance with chapter 70.160 RCW. Signs will be posted to identify smoke-free buildings and, if a smoking area is designated, the location of that area. Smokers can request a designated area through the office of the vice-president for business and financial affairs. The local health officer may exempt designated smoking areas on campus from the twenty-five-foot minimum distance from entrances, exits, windows that open, and ventilation intakes of campus buildings where smoking is prohibited, upon application by the vice-president of business and financial affairs and a finding that the public health and safety will be adequately protected by a lesser distance.

[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 04-12-015, 106-124-910, filed 5/24/04, effective 6/24/04.]


AMENDATORY SECTION(Amending WSR 04-12-015, filed 5/24/04, effective 6/24/04)

WAC 106-124-920   Tobacco use violations.   Violations of tobacco use regulations may result in a ((fifty)) one hundred-dollar infraction and will be handled in accordance with RCW 70.160.070.

[Statutory Authority: RCW 28B.10.528 and 28B.35.120(12). 04-12-015, 106-124-920, filed 5/24/04, effective 6/24/04.]

Washington State Code Reviser's Office