BILL REQ. #:  S-0641.4 

Read first time 02/14/2005.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to regulation of indoor smoking for the purpose of protecting minors and public health; amending RCW 70.160.020, 70.160.030, 70.160.040, and 70.160.070; adding new sections to chapter 70.160 RCW; creating a new section; and repealing RCW 70.160.050 and 70.160.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.160.020 and 1985 c 236 s 2 are each amended to read as follows:
     As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.
     (1) "Lounge or lounge area" means an area: (a) Used for the preparation, sale, and service of beer, wine, or spirits that is licensed for such use by the Washington state liquor control board; and (b) that is conspicuously posted at all entrances that persons under twenty-one years of age are not permitted to enter or remain.
     (2) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
     (((2))) (3) "Public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission.
     Public places include, but are not limited to: Elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, and reception areas. A public place does not include a private residence. ((This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.
     (3))) (4) "Restaurant" means any building, structure, or area used, maintained, or advertised as, or held out to the public to be, an enclosure where meals are made available to be consumed on the premises, for consideration of payment.

Sec. 2   RCW 70.160.030 and 1985 c 236 s 3 are each amended to read as follows:
     No person may smoke in a public place except ((in designated smoking areas)) as provided in this chapter.

Sec. 3   RCW 70.160.040 and 1985 c 236 s 4 are each amended to read as follows:
     (1) ((A smoking area may be designated in a public place by the owner or, in the case of a leased or rented space, by the lessee or other person in charge except in:
     (a) Elevators; buses, except for private hire; streetcars; taxis, except those clearly and visibly designated by the owner to permit smoking; public areas of retail stores and lobbies of financial institutions; office reception areas and waiting rooms of any building owned or leased by the state of Washington or by any city, county, or other municipality in the state of Washington; museums; public meetings or hearings; classrooms and lecture halls of schools, colleges, and universities; and the seating areas and aisle ways which are contiguous to seating areas of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas; and
     (b) Hallways of health care facilities, with the exception of nursing homes, and lobbies of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas, if the area is not physically separated. Owners or other persons in charge are not required to incur any expense to make structural or other physical modifications in providing these areas.
     Except as provided in other provisions of this chapter,)) No public place, other than a place where bingo is conducted for a bona fide charitable or nonprofit organization as authorized under chapter 9.46 RCW, a private facility, a bar, tavern, bowling ((alley)) center, card room or enhanced card room, tobacco shop, lounge or lounge area, or restaurant, may be designated as a smoking area in its entirety.
     (2) If a bar, ((tobacco shop, or restaurant)) tavern, or lounge or lounge area is designated as a smoking area in its entirety, this designation shall be posted conspicuously ((on)) at all entrances normally used by the public.
     (((2))) (3) If a place where bingo is conducted for a bona fide charitable or nonprofit organization as authorized under chapter 9.46 RCW, private facility, a restaurant, tobacco shop, bowling center, or card room or enhanced card room is designated as a smoking area in its entirety, this designation, together with a designation that persons under the age of eighteen years of age are not permitted to enter shall be posted conspicuously at all entrances normally used by the public.
     (4) If a place where bingo is conducted for a bona fide charitable or nonprofit organization as authorized under chapter 9.46 RCW, private facility, a restaurant, tobacco shop, bowling center, or card room or enhanced card room designates a portion of its premises as a designated smoking area, this designation, together with a designation that persons under the age of eighteen years of age are not permitted to enter the designated smoking area shall be posted conspicuously at all entrances normally used by the public.
     (5) Where smoking areas are designated, existing physical barriers and ventilation systems ((shall)) may be used to minimize the toxic effect of smoke in adjacent nonsmoking areas so long as the requirements of this chapter are complied with.
     (((3) Managers of restaurants who choose to provide smoking areas shall designate an adequate amount of seating to meet the demands of restaurant patrons who wish to smoke. Owners of restaurants are not required to incur any expense to make structural or other physical modifications in providing these areas. Restaurant patrons shall be informed that separate smoking and nonsmoking sections are available.
     (4))) (6) Except as otherwise provided in this chapter, a facility or area may be designated in its entirety as a nonsmoking area by the owner or other person in charge.

Sec. 4   RCW 70.160.070 and 1985 c 236 s 7 are each amended to read as follows:
     (1)(a) Any person intentionally violating this chapter by smoking in a public place not designated as a smoking area or any person removing, defacing, or destroying a sign required by this chapter is subject to a civil fine of up to one hundred dollars. Local law enforcement agencies shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions. The provisions contained in chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of infractions for violation of this subsection except as follows:
     (((a))) (i) The provisions in chapter 46.63 RCW relating to the provision of records to the department of licensing in accordance with RCW 46.20.270 are not applicable to this chapter; and
     (((b))) (ii) The provisions in chapter 46.63 RCW relating to the imposition of sanctions against a person's driver's license or vehicle license are not applicable to this chapter.
     (b) The form for the notice of infraction for a violation of this subsection shall be prescribed by rule of the supreme court.
     (((2))) (c) When violations of RCW 70.160.040 or ((70.160.050)) section 5 of this act occur, a warning shall first be given to the owner or other person in charge. Any subsequent violation is subject to a civil fine of up to one hundred dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.
     (((3))) (2) The state building code council has the sole authority to adopt rules, as necessary, to implement this chapter, and local ((fire departments or fire districts)) building code enforcement officials shall enforce RCW 70.160.040 ((or 70.160.050)) and section 5 of this act regarding the duties of owners or persons in control of public places((, and local health departments shall enforce RCW 70.160.040 or 70.160.050 regarding the duties of owners of restaurants)) by either of the following actions:
     (a) Serving notice requiring the correction of any violation; or
     (b) Calling upon the city or town attorney or county prosecutor to maintain an action for an injunction to enforce RCW 70.160.040 and ((70.160.050)) section 5 of this act, to correct a violation, and to assess and recover a civil penalty for the violation.

NEW SECTION.  Sec. 5   A new section is added to chapter 70.160 RCW to read as follows:
     (1) Where a designated smoking area, including a lounge or lounge area, is provided for in a place where bingo is conducted for a bona fide charitable or nonprofit organization as authorized under chapter 9.46 RCW, private facility, restaurant, bowling center, or card room or enhanced card room as authorized by this chapter, the area shall be either an enclosed area or the area shall have sufficient negative air pressure between the smoking and nonsmoking areas, which shall be separated by solid walls or windows, exclusive of doors or passageways that extend from the floor to a minimum of five feet in height between the smoking and nonsmoking area, so that environmental tobacco smoke is not permitted to flow into the nonsmoking area from the smoking area at all times. "Enclosed area" means all space between a floor and a ceiling that is enclosed on all sides by solid walls or windows, exclusive of doors or passageways, which extend from the floor to the ceiling.
     (2) Local building code enforcement officials shall have the sole enforcement authority under this chapter and shall apply the state building code council rules and the following standards where smoking areas are provided:
     (a) Passage between the main entrance of a facility to all nonsmoking areas shall be possible through areas that are also nonsmoking. A separate entrance may be maintained for direct entry into a designated smoking area if desired.
     (b) If the owner or other person in charge establishes an area as a smoking area for something less than a twenty-four-hour period, that designation and the hours the area is designated as a smoking area shall be conspicuously posted at all entrances to such area together with a sign that prohibits persons under eighteen years of age when the area is functioning as a smoking area, provided, such areas shall maintain the negative air pressure requirements contained in this section at all times.
     (c) The boundary between a nonsmoking area and a smoking permitted area shall be clearly designated so that persons may differentiate between the two areas.
     (3) As used in this section, "negative air pressure" means the use and any combination of mechanical exhaust systems, ventilation systems, and/or solid walls or windows that are shown by the owner or other person in charge to function in a manner that prohibits and eliminates, without air recirculation, the flow of air from the designated smoking area into the nonsmoking area. If sufficient negative air pressure is not being achieved, smoking shall not be permitted in the designated smoking area until repairs are completed.

NEW SECTION.  Sec. 6   A new section is added to chapter 70.160 RCW to read as follows:
     (1) Employers shall disclose to a prospective employee that all or a portion of the facility that the prospective employee would work is a designated smoking area.
     (2) Employees under the age of eighteen shall not be permitted to enter designated smoking areas at any time.

NEW SECTION.  Sec. 7   A new section is added to chapter 70.160 RCW to read as follows:
     The state of Washington hereby fully occupies and preempts the entire field of indoor smoking regulation within the boundaries of the state. Local laws and ordinances that regulate indoor smoking are preempted and repealed.

NEW SECTION.  Sec. 8   The following acts or parts of acts are each repealed:
     (1) RCW 70.160.050 (Owners, lessees to post signs prohibiting or permitting smoking -- Boundaries to be clearly designated) and 1985 c 236 s 5; and
     (2) RCW 70.160.080 (Local regulations authorized) and 1985 c 236 s 9.

NEW SECTION.  Sec. 9   For facilities that possess an occupancy permit from the applicable building official as of June 1, 2005, the requirements of this act apply January 1, 2007. For facilities that do not possess an occupancy permit from the applicable building official as of June 1, 2005, the requirements of this act apply June 1, 2006.