PROPOSED RULES
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.]
[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.]