Effective Date of Rule: Thirty-one days after filing.

     Purpose: 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.

     Citation of Existing Rules Affected by this Order: Amending WAC 106-124-910 and 106-124-920.

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

      Adopted under notice filed as WSR 06-15-097 on July 17, 2006.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 8, 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.]

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