WSR 12-08-019

PERMANENT RULES

EASTERN WASHINGTON UNIVERSITY


[ Filed March 26, 2012, 10:54 a.m. , effective April 26, 2012 ]


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

Purpose: These rules 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.

Citation of Existing Rules Affected by this Order: Repealing WAC 172-122-300.

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

Adopted under notice filed as WSR 12-04-085 on January 31, 2012.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 0, Repealed 1; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 23, 2012.

Trent Lutey

University Policy Administrator

Chapter 172-122 WAC

GENERAL CONDUCT CODE


NEW SECTION
WAC 172-122-310   Use of tobacco, electronic cigarettes, and related products.   Eastern Washington University is committed to providing a safe and healthy environment for its employees, students and visitors. In light of the associated health risks, the use of tobacco, electronic cigarettes, and related products in or on university owned or leased property is restricted as described herein.

(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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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 172-122-300 Smoking regulations.

Washington State Code Reviser's Office