WSR 13-17-099
[Filed August 21, 2013, 8:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-10-079.
Title of Rule and Other Identifying Information: Health and safety regulations specific to Washington State University (WSU) Vancouver, chapter 504-37 WAC.
Hearing Location(s): French Ad 448J, WSU Pullman, Pullman, Washington and VECS 105, WSU Vancouver, Vancouver, Washington; on October 3, 2013, at 4:00 p.m.
Date of Intended Adoption: November 22, 2013.
Submit Written Comments to: Ralph Jenks, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail, fax (509) 335-3969, by October 3, 2013.
Assistance for Persons with Disabilities: Contact Deborah Bartlett, (509) 335-2005, by October 1, 2013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WSU is adding health and safety regulations specific to WSU Vancouver. WSU Vancouver seeks to expand the tobacco-free area mandated by the Washington Clean Indoor Act (which prohibits smoking in public buildings and places of employment, as well as within twenty-five feet of doors, windows, and ventilation intakes), to include all campus grounds and state-owned vehicles and equipment.
Statutory Authority for Adoption: RCW 28B.30.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSU, public.
Name of Agency Personnel Responsible for Drafting and Implementation: Dave Stephenson, Lieutenant, WSU Vancouver Police Department, Public Safety, Finance and Operations, Dengerink Administration 160, Vancouver, WA 98686-9600, (360) 546-9004; and Enforcement: Mel Netzhammer, Chancellor, WSU Vancouver, Dengerink Administration 230, Vancouver, WA 98686-9600, (360) 546-9581.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule has no impact on small business.
A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.
August 21, 2013
Ralph T. Jenks, Director
Procedures, Records, and Forms
University Rules Coordinator
Chapter  504 - 37  WAC
WAC 504-37-010 Smoking and tobacco use—Authority.
Pursuant to RCW 28B.30.150(1), the Washington State University (WSU) board of regents is granted authority to establish rules and regulations for tobacco use on property owned, operated, and/or maintained by the university.
WAC 504-37-020 Smoking and tobacco products.
Washington State University Vancouver acknowledges the findings of the United States Surgeon General that tobacco use in any form, active and passive, is a significant health hazard. The university further recognizes that the United States Environmental Protection Agency classifies environmental tobacco smoke as a class A carcinogen. In light of these health risks, and in support of a safe and healthy learning/working environment, WSU Vancouver establishes the restrictions in this section, WAC 504-37-010, and 504-37-030, otherwise collectively referred to as the WSU Vancouver smoking and tobacco use policy.
(1) Smoking or other tobacco usage is not permitted within the perimeter of WSU Vancouver property. Smoking materials must be extinguished and disposed of prior to entering WSU Vancouver property or exiting vehicles. Improper disposal, including spitting smokeless tobacco or discarding cigarette butts on the ground or out of a vehicle, is not permitted.
(2) The WSU Vancouver smoking and tobacco use policy applies to all students, faculty, and staff or other persons using university facilities.
(3) The WSU Vancouver smoking and tobacco use policy is not intended to impede on institutional review board (IRB) research projects. IRB-approved research projects are exempt from this policy.
(4) Definitions. For the purposes of this chapter, the terms "tobacco products" and "premises" are defined as follows:
(a) Tobacco products. Cigarettes, cigars, pipes, hookah, all forms of smokeless tobacco, electronic cigarettes, clove cigarettes and other alternative products made primarily with tobacco.
(b) Premises. All buildings, grounds, state-owned vehicles and equipment (motor pool, maintenance) including, but not limited to, parking lots, bus stops, county-owned and WSU-maintained streets or sidewalks, recreational fields and all open common areas within the WSU Vancouver campus.
(5) The sale and/or free distribution of tobacco products or tobacco-related merchandise is prohibited on university property.
(6) Sponsorship of campus events by tobacco-promoting organizations is prohibited.
(7) Advertisement of tobacco products at university events is prohibited regardless of sponsorship.
(8) Tobacco use on university property or improper disposal of smoking materials may result in disciplinary action. Employees may be subject to corrective or disciplinary action and students may be referred to the WSU Vancouver office of student conduct. Other violators may be trespassed from the WSU Vancouver campus and subject to other sanctions available to enforce the smoking and tobacco use policy.
(9) Signage: Signs declaring WSU Vancouver "tobacco-free" are to be posted at the campus entries and other conspicuous places.
WAC 504-37-030 Smoking and tobacco use—Communication and compliance.
(1) The enforcement of the smoking and tobacco use rules and regulations in this section, WAC 504-37-010 and 504-37-020 is the responsibility of campus public safety personnel with the assistance of all members of the WSU Vancouver community. Members of the WSU Vancouver community may notify public safety of repeat offenders and/or of disruptive behavior. The following WSU Vancouver persons and departments are responsible for ensuring that the WSU Vancouver smoking and tobacco use policy is communicated to employees, students, visitors and others in the WSU Vancouver community as indicated:
(a) Human resources regarding employees;
(b) Student affairs regarding students;
(c) Department leads regarding contractors and other visitors;
(d) Communications and scheduling offices for events with external visitors;
(e) Facilities operations for outside contractors and vendors working on campus;
(f) Public safety regarding campus visitors;
(g) Chancellor's office regarding partner institutions.
(2) Each of the above responsible persons and departments may establish procedures and protocols, consistent with each other and the WSU Vancouver smoking and tobacco use policy, designed to eliminate tobacco use from campus, increase compliance, and assist tobacco users in availing themselves of tobacco dependency treatment options.
(3) Any person who repeatedly violates the WSU Vancouver smoking and tobacco use policy may be asked to leave the premises and/or may be removed and subject to trespass admonition. Employees may be subject to corrective or disciplinary action and students may be subject to student conduct action. Public safety officers are authorized to control, and regulate facilities use as prescribed by this policy.
(4) Any person interfering with a university public safety officer in the discharge of the WSU Vancouver smoking and tobacco use policy may be in violation of WSU Vancouver policy and state law (RCW).