MOUNT VERNON — The Ohio Department of Health has filed a set of proposed enforcement rules for the state’s indoor smoking ban, and the Knox County Health Department expects to begin enforcing that ban in early May.
The new enforcement rules, which have been submitted to the Joint Committee on Agency Rule Review, were filed on March 21. They contain a number of changes suggested during the public hearings that were held to discuss the ban.
One change allows an exemption for some private clubs, by stating that members of a club who also provide services for that club, paid or unpaid, are not considered employees.
Under this rule, private clubs that have members providing their services are exempted from the smoking ban, provided the club is nonprofit and located in a “free standing” building where only members over the age of 18 are present.
Another change states that an anonymous complaint cannot, by itself, form the basis for a violation of the no-smoking law.
On Nov. 7, 2006, Ohio voters passed the legislation that banned smoking inside many public facilities, including restaurants, bars, bowling alleys and other enclosed areas.
Technically, the ban took effect Dec. 7, but the rules to enforce it are still being created.
Pam Palm, director of Health Promotion Services at the Knox County Health Department, said most smokers are courteous to nonsmokers and many businesses have already complied with the smoking ban.
However, the delay in enforcing the rules has prompted complaints that some Knox County businesses are ignoring the ban and continue to allow smokers to light up inside.
“We are hearing from people who voted for this law,” said Palm. “They are calling to report places that are still allowing smoking.
“We expected that smokers would be the only one’s being verbal,” she added. “But nonsmokers are stepping up and asking for enforcement of the law they voted for ... we are looking for those enforcement rules to be in effect in the early part of May.”
Proposed penalties for proprietors of businesses who violate the smoking ban range from a warning letter for the first violation to a $2,500 fine for a fifth or subsequent violation.
Penalties for individuals range from a warning letter for the first violation to a $100 fine for the second or subsequent violation.
Once an individual or proprietor has been found to be in violation, the fine is assessed for each day of noncompliance. Fines can also be doubled, if the violation is found to be intentional.