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Resolution 96-028-CC (002)B: \ D-4SMOKI . POL BOARD OF COUNTY COMMISSIONERS Grant County, Washington IN THE MATTER OF COUNTY POLICY ) REGULATING SMOKING IN COUNTY ) OWNED AND OPERATED FACILITIES, ON ) COUNTY OWNED AND CONTROLLED ) GROUNDS AND IN COUNTY OWNED OR ) OPERATED VEHICLES ) RESOLUTION NO. 96 -28 -CC BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON, as follows: WHEREAS, Grant County, Washington (the "County"), is a Class 3 county, duly organized and existing under the Constitution and the laws of the State of Washington; and WHEREAS, Chapter 70.160 RCW, the Washington Clean Indoor Air Act, was enacted by the Washington State Legislature to protect the public from the hazards created by tobacco smoke in public places. In accordance thereto, the Board of Grant County Commissioners find and declare that it is in the best interest of the County, its employees, and the public to adopt a comprehensive policy regulating smoking in County owned or operated facilities, and on County owned and controlled grounds and in County owned or operated vehicles; and WHEREAS, the County desires to establish and adopt a comprehensive policy that comports with state and federal laws and regulations, regulating smoking in County owned or operated facilities, and on County owned and controlled grounds, and on County owned and operated vehicles. NOW, THEREFORE, IT IS FOUND, DETERMINED AND ORDERED, as follows: Section 1: For the purpose of this policy, regulating smoking in County owned and operated facilities, and in and around County owned and control lands, and in County owned or operated vehicles, certain words and terms are defined as follows. Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular. APPENDIX 4 Page 1 of 4 (a) "Smoking" or "to smoke" means and includes inhaling, exhaling, or carrying any burning tobacco or tobacco -related product or other plant matter including but not limited to cigarettes, cigars, or pipes. (b) "Smoking debris" includes but is not limited to cigarette or cigar butts, cigarette paper or product packing tobacco, smoke, ash, or any other residue resulting from smoking. (c) "Tobacco -related product" means cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking except cigarettes. (d) "Enclosed work area" means those areas enclosed by a roof and walls with at least one opening for ingress and egress in facilities which are owned, leased, or rented by Grant County. The intended use of such facilities is primarily for and by the officers and employees of Grant County while in the conduct of County business. The enclosed work area shall include County vehicles. (e) "Common areas" means that area enclosed by a roof and walls in facilities which are owned, leased, or rented by the County, including but not limited to employee lounges, lunchrooms, hallways, stairways, elevators, and restrooms. (f) "Board of Grant County Commissioners" and "Board" may be used interchangeably. Section 2: Smoking is prohibited in all County enclosed work and common areas, whether in enclosed individual or shared office spaces, including all County vehicles not assigned to departments or offices, except in designated smoking areas. Smoking is prohibited within ten (10) feet of all ingresses and egresses to County owned or operated facilities. This smoking policy shall apply to all persons who visit enclosed work and common areas, including all officials, officers, employees, contractors, or visitors during all hours and all days of the year. Section 3: The Board or designee shall determine the number and location of those areas that are designated smoking areas. Section 4: Should individuals determine that the smoking policy creates a situation with impacts unique to their particular situation, an exception request may be submitted to the Board of Grant County Commissioners. The Board shall determine the feasibility of allowing an exception to the policy; PROVIDED, that no exceptions will be authorized that result in exposing employees to unwelcome tobacco smoke in common or enclosed work areas or through the County's air ventilation systems which often remove smoke from these areas and recirculate it through the buildings. APPENDIX 4 Page 2 of 4 Section 5: This policy shall not apply to designated smoking areas. Section 6: The responsibilities of elected officials/department heads/ supervisors in enforcing this policy are as follows: (a) Elected officials, department heads, and/or other supervisors shall immediately, upon its adoption, announce the provisions of this policy to all employees of their respective departments. (b) All Grant County employment bulletins and communications shall include notification of the County -wide uniform smoking policy. Signs shall be posted at the main entrances to all County -owned buildings declaring smoking is not permitted in the building. Section 7: No person shall alter, deface, remove, or destroy any sign posted in compliance with this policy. Section 8: If circumstances warrant further discussion with non -bargaining unit employees and bargaining unit representatives for purposes of clarification and/ or modification of applicability, they will be conducted with the Board of County Commissioners or its designee, and the Risk Manager. The Risk Manager shall study the impact of the policy one (1) year after the effective date of this policy. The Risk Manager shall then make a recommendation to the Board of County Commissioners regarding amendments to the policy. The Board may also consider recommendations from employees regarding the effect of the policy in enclosed work and common areas. Section 9: Enforcement of this policy shall be the responsibility of the elected County officials, department heads, and/or other supervisors ultimately responsible for the conduct of County employees within the respective executive, legislative, and judicial branches of Grant County government. Such enforcement shall be in accordance with the particular employee's collective bargaining agreement or the County personnel rules, whichever is applicable. In addition, such enforcement shall include but not be limited to the appropriate posting of signs, advising persons smoking in a County work place to refrain from smoking, and advising the public or County personnel that smoking is not prohibited outside of County work places. Section 10: All resolutions or parts thereof in conflict herewith are hereby repealed to the extent of said conflict. 1996. Section 11: This policy shall take effect and be in full force on April , APPENDIX 4 Page 3 of 4 A ADOPTED by the Board of County Commissioners of Grant County, Washington, this 11 ):;t. day of March, 1996. ATTEST: T Peggy K3tigg, ClerW the Board APPROVED AS TO FORM: Prosecuting Attorney BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON (l Tim Sneed, hair t 17Z� Helen Fancher, Member r lyi-Lf a . , (71 LeRoy C,� llison, Mem er APPENDIX 4 Page 4 of 4