20 CAR pt. 6 | 20 CAR Part 6 — Rules Pertaining to the Arkansas Clean Indoor Air Act of 2006

Chapter I

Subchapter A

Subpart 1

20 CAR § 6-101 Purpose {#sec-20-car-6-101 omnilex-key=us-ar-regs-official--title-20-part-6--20 CAR § 6-101}

20 CAR § 6-101. Purpose.

This part is necessary to:

(1) Implement the Arkansas Clean Indoor Air Act of 2006, Arkansas Code § 20-27-1801 et seq.; and

(2) Protect the health of the citizens of Arkansas by minimizing the harmful effects of secondhand smoke.

20 CAR § 6-102 Definitions {#sec-20-car-6-102 omnilex-key=us-ar-regs-official--title-20-part-6--20 CAR § 6-102}

20 CAR § 6-102. Definitions.

For the purposes of this part, the following words and phrases when used herein shall be construed as follows:

(1) “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to:

(A) Taverns;

(B) Nightclubs;

(D) Cabarets;

(2) “Board” means the State Board of Health;

(3) “Business” means any corporation, sole proprietorship, partnership, limited partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit;

(4) “Department” means the Department of Health;

(5) “Employee” means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit;

(6) “Employer” means an individual or a business that employs one (1) or more individuals;

(7) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extends from the floor to the ceiling;

(8)(A) “Healthcare facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including:

(i) Weight control clinics;

(ii) Homes for the chronically ill;

(iii) Laboratories; and

(iv) Offices of:

(a) Surgeons;

(b) Chiropractors;

(d) Physicians;

(e) Dentists; and

(f) All specialists within these professions.

(B) “Healthcare facility” includes the building or buildings in which a medical facility operates, together with all property owned or operated by a medical facility that is contiguous to the building or buildings in which medical services are provided.

(i) Medical facilities under Arkansas Code § 20-27-704 et seq.;

(ii) Psychiatric hospitals as defined by the Department of Health’s Rules for Hospitals and Related Institutions, 20 CAR pt. 41; or

(iii) Long-term care facilities;

(9) “Infiltrate” means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke;

(10) “Local governing authority” means a county or municipal corporation of the state;

(11)(A) “Place of employment” means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, including, but not limited to:

(i) Work areas;

(ii) Employee lounges;

(iii) Restrooms;

(iv) Conference rooms;

(v) Meeting rooms;

(vi) Classrooms;

(vii) Employee cafeterias; and

(viii) Hallways.

(B) A private residence is not a place of employment unless it is used as a licensed childcare, adult daycare, or healthcare facility;

(12)(A) "Person in charge" means any person who has responsibility because of ownership, proprietorship, or management of a place that is open to or frequented by the public.

(B) A person in charge of a public place is used to refer to those additional instances where the person in charge is not an employer;

(13)(A) “Public place” means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to:

(i) Banks;

(ii) Bars;

(iii) Educational facilities;

(iv) Healthcare facilities;

(v) Laundromats;

(vi) Public transportation facilities;

(vii) Reception areas;

(viii) Restaurants;

(ix) Retail food production and marketing establishments;

(x) Retail service establishments;

(xi) Retail stores;

(xii) Shopping malls;

(xiii) Sports arenas;

(xiv) Theaters; and

(xv) Waiting rooms;

(B) A private residence is not a public place unless it is used as a licensed childcare, adult daycare, or healthcare facility;

(14)(A) “Restaurant” means:

(i) An eating establishment that gives or offers for sale food to the public, guests, or employees; and

(ii) A kitchen or a catering facility in which food is prepared on the premises for serving elsewhere;

(B) "Restaurant" includes, but is not limited to:

(i) Coffee shops;

(ii) Cafeterias;

(iii) Sandwich stands; and

(iv) Private and public school cafeterias;

(15) “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental;

(16) “Secondhand smoke” means smoke:

(A) Emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling;

(B) Emitted at the mouthpiece during puff drawing; and

(17) “Service line” means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;

(18) “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments;

(19) “Smoking” means inhaling, exhaling, burning, or carrying any:

(A) Lighted tobacco product, including:

(i) Cigarettes;

(ii) Cigars; and

(iii) Pipe tobacco; and

(B) Other lighted combustible plant material; and

(20) “Sports arena” means a stadium, sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley, and other similar place where members of the general public assemble to:

(A) Engage in physical exercise;

(B) Participate in athletic competition; or

20 CAR § 6-103 Prohibition on smoking {#sec-20-car-6-103 omnilex-key=us-ar-regs-official--title-20-part-6--20 CAR § 6-103}

20 CAR § 6-103. Prohibition on smoking.

(a) Upon the effective date of this part, smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the State of Arkansas, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by:

(1) General, local, or special act of the General Assembly; or

(2) Ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.

(b)(1) Upon the effective date of this part, smoking is prohibited in all public places and enclosed areas within places of employment, including, but not limited to:

(A) Common work areas;

(B) Auditoriums;

(D) Conference and meeting rooms;

(E) Private offices;

(F) Elevators;

(G) Hallways;

(H) Healthcare facilities;

(I) Cafeterias;

(J) Employee lounges;

(K) Stairs;

(L) Restrooms; and

(M) All other enclosed areas.

(2) An individual, person, entity, or business subject to the smoking prohibitions of this section shall not discriminate or retaliate in any manner against a person for making a complaint of a violation of this section or furnishing information concerning a violation to a person, entity, or business or to the Department of Health.

(3) The prohibitions on smoking in this section and the provisions of subdivision (b)(2) of this section shall be communicated to:

(A) All current employees by their employer within thirty (30) days of July 21, 2006; and

(B) Each prospective employee upon application for employment.

(4) An employer or person in charge violates this part if a person is allowed to smoke in an area where smoking is prohibited by this part.

20 CAR § 6-104 Exemptions {#sec-20-car-6-104 omnilex-key=us-ar-regs-official--title-20-part-6--20 CAR § 6-104}

20 CAR § 6-104. Exemptions.

(a) An owner or operator of any of the following areas may exempt itself from this part:

(1) Private residences, except when used as a licensed childcare, adult daycare, or healthcare facility;

(2)(A) Hotel and motel rooms that are:

(i) Rented to guests; and

(ii) Designated as smoking rooms.

(B) However, if a hotel or motel has more than twenty-five (25) guest rooms, not more than twenty percent (20%) of rooms rented to guests in a hotel or motel may be designated as exempt from this part;

(3)(A) All workplaces of any employer with fewer than three (3) employees.

(B) This exemption does not apply to any public place;

(4) A retail tobacco store, if secondhand smoke from the store does not infiltrate into areas where smoking is prohibited under this part;

(5) Areas within long-term care facilities that are designated by the facility as a smoking area or for supervised patient smoking only;

(6) Outdoor areas of places of employment;

(7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, and all tobacco storage facilities; and

(8)(A) All restaurants and bars licensed by the State of Arkansas that prohibit at all times all persons less than twenty-one (21) years of age from entering the premises, if secondhand smoke does not infiltrate into areas where smoking is prohibited under this part.

(B) All restaurants and bars that are exempt shall prominently display a health warning sign as defined by the State Board of Health; and

(9) Designated smoking areas on the gaming floor of any franchisee of the Arkansas Racing Commission.

(b) Any owner or operator of an entity as defined in subdivision (a)(2), subdivision (a)(3), or subdivision (a)(8) of this section must certify to the Department of Health that they are eligible for an exemption utilizing the exemption form found in the Appendix.

(c) Acts 2005, No. 134, as codified in Arkansas Code § 20-27-704 et seq., and not the Clean Indoor Air Act of 2006, Arkansas Code § 20-21-1801 et seq., shall govern any smoking prohibitions in medical facilities, as defined in Arkansas Code § 20-27-705(2), and in psychiatric hospitals, as defined by the board’s Rules for Hospitals and Related Institutions, 20 CAR pt. 41.

20 CAR § 6-105 Signs and smoking receptacles {#sec-20-car-6-105 omnilex-key=us-ar-regs-official--title-20-part-6--20 CAR § 6-105}

20 CAR § 6-105. Signs and smoking receptacles.

(a) “No Smoking” signs or the international “No Smoking” symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking is prohibited by this part.

(b)(1) In any restaurant or bar where the owner or operator exempts itself from the provisions of this part, the employer or person in charge shall post signage at all entrances and wherever else necessary to clearly describe smoking is allowed.

(2) All signs used to describe that smoking is allowed shall:

(A) Be at least eleven inches (11”) wide and eight and one-half inches (8 1/2”) tall and be clearly and conspicuously placed at a height and location easily seen by a person entering the establishment; and

(B) Not be obscured in any way.

(3)(A) The lettering on the sign shall state:

(i) The words “HEALTH WARNING” shall be in capital letters at least one-half inch (1/2”) high and one-half inch (1/2”) wide;

(ii) The words "THIS IS A SMOKING AREA. OCCUPANTS WILL BE EXPOSED TO SECONDHAND SMOKE. IT IS UNLAWFUL FOR ANYONE UNDER 21 YEARS OF AGE TO ENTER OR WORK IN ANY PART OF THE ESTABLISHMENT AT ALL TIMES.” shall be in capital letters at least one-fourth inch (1/4”) high and one-fourth inch (1/4”) wide; and

(iii) The words "ARKANSAS STATE BOARD OF HEALTH, 2006” shall be in capital letters at least one-eighth inch (1/8”) high and one-eighth inch (1/8”) wide.

(B) The lettering shall contrast with the background.

(4) Signs must remain posted and in good condition.

(c) The owner, operator, manager, or other person in control of any area where smoking is prohibited by this part shall remove all ashtrays from the area, unless an ashtray is permanently affixed to an existing structure before the effective date of this part.

20 CAR § 6-106 Public education {#sec-20-car-6-106 omnilex-key=us-ar-regs-official--title-20-part-6--20 CAR § 6-106}

20 CAR § 6-106. Public education.

The Department of Health shall engage in a continuing program to:

(1) Explain the purpose and requirements of this part to businesses and citizens affected by it; and

(2) Guide persons, owners, operators, and managers in their compliance with it.

20 CAR § 6-107 Violations and penalties {#sec-20-car-6-107 omnilex-key=us-ar-regs-official--title-20-part-6--20 CAR § 6-107}

20 CAR § 6-107. Violations and penalties.

(a)(1) Every firm, person, or corporation that violates the provisions of this part may be assessed a civil penalty by the State Board of Health.

(2) The penalty shall not exceed one thousand dollars ($1,000) for each violation.

(b) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments.

(c)(1) The board shall report any violation of this part to the applicable licensing authority, if any.

(2) Any entity licensed by the board or Department of Health may have its license suspended or revoked for violations of this part.

(d) However, no penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing on the violation.

20 CAR pt. 6, Appendix A Arkansas Clean Indoor Air Act of 2006 Exemption Certification {#sec-20-car-pt.-6-appendix-a omnilex-key=us-ar-regs-official--title-20-part-6--20 CAR pt. 6, Appendix A}

APPENDIX Arkansas Clean Indoor Air Act of 2006 Exemption Certification

Name of Owner or Operator Name of Business Address (Street & number, P.O. Box or Route number) Phone (Area code and number) City, State, ZIP code

I, the owner or operator named above, claim an exemption from the Arkansas Clean Indoor Air Act of 2006. I am entitled to an exemption for the following reasons (initial beside each category that applies):

I own or operate a hotel and motel that rents rooms to guests that are designated as smoking rooms. If the hotel or motel that I own or operate has more than twenty-five (25) guest rooms, I understand that no more than twenty percent (20%) of rooms rented to guests in a hotel or motel may be designated as smoking rooms. I am an employer with fewer than three (3) employees. I understand that this exemption does not apply to any public place within the workplace. I own or operate a restaurant or bar licensed by the State of Arkansas. I do not permit any person less than twenty-one (21) years of age to enter or work on the premises at any time. I will prominently display a health warning sign as defined by the State Board of Health.

I understand that it is a violation of these rules to claim an exemption from the prohibitions of the Clean Indoor Air Act of 2006 under false pretenses. Further, I understand that I have a continuing obligation to inform the Department if circumstances dictate that I no longer qualify for an exemption. Owner or Operator Title Date Mail this completed form to: Environmental Health Protection 4815 West Markham Street, Slot 46 Little Rock, AR 72205

HEALTH WARNING

THIS IS A SMOKING AREA. OCCUPANTS WILL BE EXPOSED TO SECONDHAND SMOKE. IT IS UNLAWFUL FOR ANYONE UNDER 21 YEARS OF AGE TO ENTER OR WORK IN ANY PART OF THIS ESTABLISHMENT AT ALL TIMES.

ARKANSAS STATE BOARD OF HEALTH, 2006

20 CAR Part 6 — Rules Pertaining to the Arkansas Clean Indoor Air Act of 2006