PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-24-063.
Title of Rule and Other Identifying Information: Repealing WAC 172-122-300 Smoking regulations, and adopting WAC 172-122-310 Use of tobacco, electronic cigarettes, and related products, to revise regulations related to the use of tobacco products in or on property that is owned or leased by Eastern Washington University. These rules constitute a significant revision that is more easily implemented by repealing the existing section and adopting a new section.
Hearing Location(s): Eastern Washington University, Main Campus, Showalter Hall, Room 201, Cheney, WA 99004, on March 8, 2012, at 9:00 a.m.
Date of Intended Adoption: March 23, 2012.
Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail tlutey@ewu.edu, fax (509) 359-7036, by March 7, 2012.
Assistance for Persons with Disabilities: Contact Trent Lutey by March 7, 2012, (509) 359-6322.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to revise regulations related to the use of tobacco and related products in or on property that is owned or leased by Eastern Washington University. These rules constitute a significant revision that is more easily implemented by repealing the existing section and adopting a new section.
These rule changes are needed to better support and comply with the requirements of chapter 70.160 RCW, Smoking in public places.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Eastern Washington University, governmental.
Name of Agency Personnel Responsible for Drafting: Laurie Connelly, 214 Showalter, Cheney, WA 99004, (509) 359-2371; Implementation and Enforcement: Mary Voves, 310 Showalter, Cheney, WA 99004, (509) 359-4210.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC revision does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. WAC 172-122-310 is not considered a significant legislative rule by Eastern Washington University.
January 31, 2012
Trent Lutey
University Policy Administrator
GENERAL CONDUCT CODE
(1) The use of tobacco, electronic cigarettes, and related products is prohibited:
(a) within any building or vehicle owned or leased by EWU, to include residence halls and university apartments; and
(b) within twenty-five feet of entrances, exits, windows that open, and ventilation intakes of any building owned, leased, or operated by EWU.
(2) For the purposes of this section, "tobacco, electronic cigarettes, and related products" includes any cigarette, cigar, pipe, bidi, clove cigarette, e-cigarette/cigar/pipe, waterpipe (hookah) and smokeless or spit tobacco, dissolvable tobacco, snuff or snoose.
(3) Distribution or sale of tobacco, electronic cigarettes, or related products in or on EWU owned or leased property is prohibited. Advertising or sponsorship of tobacco, electronic cigarettes or related products is prohibited on EWU property or at University-affiliated events, including the use of brand or corporate names, trademarks, logos, symbols or mottos. EWU will neither solicit nor accept any grant or gift from a manufacturer, distributor or retailer whose principal business is tobacco, electronic cigarettes, or related products.
(4) Any person intentionally violating this section may be subject to a civil fine of up to one hundred dollars. Local law enforcement agencies may enforce this section by issuing a notice of infraction, assessed in the same manner as traffic infractions, as described under chapter 70.160 RCW. Any student, staff or faculty member who violates this section may also be subject to disciplinary action by the university.
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The following section of the Washington Administrative Code is repealed:
| WAC 172-122-300 | Smoking regulations. |