Or. Admin. R. 333-015-0078

Current through Register Vol. 63, No. 8, August 1, 2024

Section 333-015-0078 - Oregon Indoor Clean Air Act: Violations

(1) Violations of the ICAA include but are not limited to the following:

(a) Smoking, aerosolizing, vaporizing or carrying a lighted smoking instrument or inhalant delivery systems in an area where smoking, aerosolizing, or vaporizing of inhalants is prohibited.

(b) Cigar or cigarette butts in an area where smoking is prohibited.

(c) Ashtrays or any receptacles intended for use or used for depositing cigarette or inhalant delivery system debris in an area where smoking is prohibited.

(d) Absence or insufficiency of signs that are required under these rules.

(e) Operating a cigar bar without valid certification from the Authority.

(f) Operating as a smoke shop without valid certification from the Authority.

(g) Smoking of non-cigar tobacco products in a cigar bar.

(h) Smoking, aerosolizing or vaporizing instruments intended for use in an area where smoking, aerosolizing or vaporizing of inhalants is prohibited.

(i) Non-compliance with any of the cigar bar or smoke shop certification requirements set forth in the Act or these rules.

(j) Smoking, aerosolizing or vaporizing of inhalants or carrying a lighted smoking instrument or inhalant delivery system within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of any public place or place of employment, or any portion of an accessibility ramp.

(k) Ashtrays or any receptacles intended to be used or used for depositing cigarette or inhalant delivery system debris within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of any public place or place of employment, or any portion of an accessibility ramp.

(l) Tables or outdoor seating or dining areas not clearly marked as non-smoking, non-aerosolizing and non-vaporizing, within 10 feet of entrances, exits, windows that open, ventilation intakes that serve an enclosed area of any public place or place of employment, or any portion of an accessibility ramp.

(m) Failure of an employer or entity in charge to cooperate in developing a remediation plan.

(n) Failure of an employer, entity in charge of a public place, a cigar bar or smoke shop to:

(i) Permit or cooperate with the Authority or the LPHA inspection of all or any part of the premises;

(ii) Cooperate with the Authority or the LPHA to develop a remediation plan.

(o) Failure of an employer to provide a smoke, aerosol, or vapor free place of employment by permitting smoking, aerosolizing or vaporizing of inhalants within 10 feet of the entrances, exits, windows that open, and ventilation intakes that serve an enclosed area.

(2) Notice of Violation:

(a) If the Authority has evidence of violations of the ICAA or these rules the Authority may impose civil penalties against an individual, an employer, an entity in charge of a public place, a cigar bar or smoke shop, in accordance with OAR 333-015-0085.

(b) A Notice of Violation must be issued in compliance with the notice and civil penalty provision in ORS chapter 183 and OAR 333-015-0085.

(c) Payment of civil penalties shall be made to the Public Health Director and credited to the Tobacco Use Reduction Account, as required by ORS 433.855(1)(c).

(3) In addition to imposing civil penalties under OAR 333-015-0085, the Authority may initiate further legal action against an employer, entity in charge of a public place, a cigar bar or smoke shop including, but not limited to, requesting a court to enjoin further violations of the ICAA or these rules.

Or. Admin. R. 333-015-0078

PH 26-2014, f. & cert. ef. 10-8-14; PH 30-2015, f. 12-29-15, cert. ef. 1/1/2016; PH 23-2019, amend filed 11/18/2019, effective 1/1/2020

Statutory/Other Authority: ORS 433.855

Statutes/Other Implemented: ORS 433.835 - 433.870