
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: MONDAY, March 18, 1991                   TAG: 9103160288
SECTION: EXTRA                    PAGE: E-3   EDITION: METRO 
SOURCE: Tammy Poole
DATELINE:                                 LENGTH: Medium

A LOOK AT THE STATE CLEAN INDOOR AIR ACT

Q: My mother-in-law works in a small office. Her supervisor told employees that there was to be no smoking in the office, although he smokes in his own office. Whenever the supervisor is not around, many of the employees smoke anyway. My mother-in-law is allergic to smoke, and this really bothers her. Can you explain what the Clean Air Act covers? - D.W., Roanoke

Q: Whom do you contact regarding the Clean Air Act enforcement of no smoking? I have tried the City Manager's Office, the City Attorney and the Commonwealth's Attorney and can get no information. - Jimmie Minnix, Roanoke

A: The Virginia Clean Indoor Air Act, which took effect July 1, prohibits smoking in certain public places and restricts smoking in certain other areas.

For example, Virginia law does not prohibit smoking in the work place. However there is nothing to prevent a private employer form declaring its operations smoke-free. This can be accomplished by a management decision.

Also, some Virginia localities also have local ordinances that are more restrictive than the state law. If such a law is passed in your city, county or town, a total ban on smoking in the work place would be possible by a majority vote of affected employees.

The law includes these features:

Smoking is prohibited on public school buses and common areas including libraries, classrooms, restrooms, hallways, gyms, administrative areas open to the public, cafeterias, stairwells, multi-purpose rooms, public meeting rooms and auditoriums.

No-smoking areas are required in public or private educational facilities including day-care centers, nursery schools, colleges, universities, medical schools, law schools and vocational schools.

Smoking is prohibited in hospital emergency rooms and local or district health departments. And no-smoking areas must be designated in hospitals, nursing homes, adult homes, supervised living facilities, ambulatory medical and surgical centers.

In restaurants, no-smoking areas sufficient to meet customer demand must be designated if the establishment has at least 50 seats. Smoking is not restricted in bars, lounges or any separate room or section used exclusively for private functions. A "No-Smoking Section Available" sign must be posted conspicuously at or near each public entrance.

Retail stores of at least 15,000 square feet must designate reasonable no-smoking areas. This includes department stores, grocery stores, drug stores, clothing stores, etc. Exceptions are retail tobacco stores and areas of malls or shopping centers outside of retail shops.

Smoking is prohibited in all indoor service and cashier lines including restaurants, grocery stores, banks, drug stores, etc., regardless of size. This includes the cashier and all individuals in line and any other areas where lines are formed.

Reasonable no-smoking areas must be designated in all government buildings owned or leased by state, city, county, town governments or agencies. The only exception is non-public areas in the state Department of Corrections.

Smoking is prohibited in all elevators and election polling rooms.

The penalties for breaking this law are:

Anyone who owns, manages or controls a building or space affected is required to post signs in a conspicuous place. Failure to post the signs could result in a $25 civil fine.

> Any person smoking in a non-smoking area, who does not stop after being asked, is subject to a $25 fine.

The Virginia Clean Indoor Air Act's enforcement "was left very open-ended," said Linda Redman, director of the state's Office of Health Education and Information Services.

"The legislation does not direct the enforcement," she said. Rather, that responsibility was left to local ordinances, some of which were established before to the January 1990 state law.

Overall, the state health department is not authorized or responsible for enforcement of the Virginia Indoor Clean Air Act, said Robert Stroube, deputy commissioner for community health services. That leaves consumers with complaints free to deal directly with managers of establishments required to have no-smoking sections.

If you wish to file a complaint, contact your local government administrator, county supervisor or council member. Complaints also may be sent to the local health department or the office of the state health commissioner, C.M.G. Buttery, at (804) 786-3561.

Also, more information is available from local and state offices of the American Cancer Society, the American Heart Association and the American Lung Association.

by CNB