10/06/1993 BOH Minutes
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Following the New Hanover County Health Department Home Health
Advisory Board Meeting, Mr. Coble called the regular business
meeting of the New Hanover County Board of Health (NHCBH) to
order at 8:30 A.M. on Wednesday, October 6, 1993, in the Carl T.
Durham Auditorium, New Hanover County Health Department (NHCHD) ,
Wilmington, North Carolina.
Members Present:
John M. Coble, Chairman
Spiro J. Macris, DDS, Vice-Chairman
Thomas V. Clancy, MD
Mary King Dean
W. Keith Elmore, RPh.
Robert G. Greer
Dennis L. Jackson, DVM
Laura Pitts Maness
Edward L. Paul, Jr., OD
Mark A. Veenstra,PE
Members Absent:
Mary Lou Alford, RN
Others Present:
Robert S. (Bob) Parker, Health Director
Frances F. De Vane, Recording Secretary
Wanda Copley, County Attorney
Dr. Macris presented the invocation.
Mr. Coble called for corrections to the minutes of the meeting on
September 1, 1993. The minutes were corrected by Mr. Coble. The
Board of Health approved the minutes.
Recognition:
Mr. Coble stated the following awards were presented to
Department employees at the North Carolina Public
Association (NCPHA) Annual Banquet on September 23, 1993,
Wilmington Hilton in Wilmington, N.C.
Health
Health
at the
Samuel L. Katz Award
Mr. Coble congratulated Ms. Beth Day, Epidemiology Director, and
Ms. Janet McCumbee, Public Health Nurse, recipients of the Samuel
L. Katz Award. This is the first time this award has been
presented to two individuals by the NCPHA Statistic and
Epidemiology Section. The Samuel L. Katz Award is awarded
annually for the most significant contribution to the
immunization of North Carolina children for communicable
diseases.
Special Meritorious Award
Mr. Coble recognized Mr. Robert S. (Bob) Parker, Health Director,
recipient of the 1993 Special Meritorious Award presented by the
Southern Health Association (SHA) at the joint meeting of the SHA
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and NCPHA. This award was given to Mr. Parker for his
outstanding Public Health achievements and service.
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Departmental Focal:
Dental Health in New Hanover County
Dr. David McDaniel, DDS, presented the department focal on the
Dental Public Health Program in New Hanover County. Mr. Coble
thanked Dr. McDaniel for his efforts in improving dental services
in New Hanover County.
smoking Control Regulation (SCR):
Mr. Coble explained that a Public Hearing on the New Hanover
County Board of Health Smoking Control Regulation (SCR) is to be
convened today during the Board of Heal th meeting. Mr. Coble
asked speakers for and against the adoption of the proposed SCR
to sign-up for their five or one-minute presentations. He stated
copies of the SCR are available for review.
Committee Reports:
Executive
Parenting Education - Contract With Junior League of Wilmington
Mr. Coble referred the Board to their copy of the proposed
Parenting Contract between the NHCBH and the Junior League of
Wilmington, N. C.
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Ms. Cheryl Lofgren, RN, Director, Families With Children,
explained that the Junior League has sponsored and established a
Parenting Education Program. She stated this program will
conduct classes on parenting issues for parents of children under
one year of age.
Mr. Parker explained that the Health Department will be
responsible for billing and reimbursing the Junior League for
Baby Love Medicaid participants in this program.
Mr. Coble recommended from Executive Committee that the Board of
Health approve the Parenting Contract between the Board of Health
and the Junior League of Wilmington, N. C.
Mr. Coble moved that the NHCBH approve the Parenting Contract
with the Junior League of Wilmington, North Carolina. Upon vote,
the MOTION CARRIED.
Animal Control Advisory
Ms. Donna Neal, Chairman, Animal Control Advisory Committee, I
requested that the Board of Health consider granting a 90-day
moratorium on the enforcement of the Regulations for the
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Possession, Sale and Distribution of Ferrets in New Hanover
County so ferrets could be vaccinated against Rabies without
being reported/sacrificed.
Ms. Neal reported that the Animal Control Advisory Committee is
researching the present regulation governing ferrets.
Dr. Macris requested that the Animal Control Advisory Committee
in their deliberations be aware of the cost to New Hanover County
versus the enjoYment that the residents of this County may get
from owning ferrets. He stated if legalizing ferrets is going to
be expensive for the County, the people need to know about this
cost.
Dr. Lee Hunter, Public Health State Veterinarian, stressed that
there are no Communicable Disease Center guidelines for
quarantining ferrets for Rabies observation. Dr. James M.
Howard, Veterinarian, requested that the ferret ban be lifted
since an approved Rabies vaccine is now available for ferrets.
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Dr. Jackson moved that the Board of Health grant ferret owners a
90-day-period to obtain Rabies vaccinations for their ferrets;
that for Public Health reasons, the present New Hanover County
Board of Health Ferret Regulation will not be enforced during
this 90-day specified period; and that the Animal Control
Advisory Committee will study and present their recommendation
regarding a ferret regulation to the Board of Health on or before
the January 5, 1994 Board of Health meeting. Upon vote, the
MOTION CARRIED.
New Business:
Animal Control Advisory Committee 1993 Inner City Rabies Clinic
Mr. Currie reqúested that the Board approve the Second Annual
Inner City Rabies Clinic to be held on Saturday, November 6,
1993, from 12 Noon - 4:00 P.M., at the Five Points Community
Center, Wilmington, N.C. This clinic will be funded by private
donations and services will be provided by volunteers. He
explained that the approval of the Board is necessary for
insurance coverage.
Ms. Maness moved that the Board of Health endorse the 1993 Inner
Ci ty Rabies Clinic as proposed by the Animal Control Advisory
Committee. Upon vote, the MOTION CARRIED.
I Unfinished Business.
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Public Hearing:
Smoking Control Regulation (SCR)
Mr. Coble called the Public Hearing of the Board of Health to
order at 9:45 A.M. He explained that the purpose of the hearing
is to receive public comments from the citizens of New Hanover
County regarding the adoption of the proposed NHCBH Smoking
Control Regulation. He informed the Board that the SCR has been
advertised and made available to the public for review as
required by law.
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Mr. Coble welcomed attendees. Board members introduced
themselves and designated their category of representation on the
Board of Health. Mr. Coble explained that the Board would not
respond to any questions, but would consider public comments
before making their final decision on the SCR.
Mr. Coble called for timed public comments from speakers
concerning the proposed draft of the SCR. Ms. Lynda F. Smith,
Assistant Health Director, will be the timekeeper for public
comments.
Speakers presenting in support of the adoption of the proposed
SCR were:
Beth Deaton, North Carolina Nurses Association I
Michael Goins, OD, Chairman, New Hanover County Project ASSIST
Coalition, Former Chairman Board of Health
Robert Parr, MD, Emergency Medicine, New Hanover Regional Medical
Center
Peter Meyer, MD
Speakers presenting in opposition to the adoption of the proposed
SCR were:
Tim Davis, OWner, Tobacco Shop
Ray Taylor, Resident, New Hanover County
Page Sutherland, Spokesman from Virginia, Tobacco Institute
Mr. Coble closed the Public Hearing at 10 A.M.
Mr. Coble requested the action of the Board of Health regarding
the drafted SCR.
Dr. Paul informed the Board that he felt it was unreasonable to
regulate smoking in retail tobacco shops. He referred the Board
to Section VIII, Regulation of Smoking in Retail Tobacco Stores,
of the SCR.
Dr. Paul moved, seconded by Ms. Maness to amend Section VIII, I
Regulation of Smoking in Retail Tobacco Stores, to permit smoking
in retail tobacco stores and to designate this as an exclusion in
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Section X, Exclusions of the NHCBH Smoking Control Regulation.
Upon vote, the MOTION CARRIED.
Ms. Maness inquired about Section VI, Regulation of Smoking in
Eating Establishments, which requires restaurant owners to
designate a non-smoking area consisting of at least thirty
percent (30%) by January 1, 1994, and states that the SCR is
effective on January 1, 1995. Mr. Greer stated that he concurred
with Ms. Maness that the regulation was effective January 1, 1995
and should not request any restaurant compliance until January 1,
1995.
Ms. Wanda Copley, County Attorney, informed the Board that the
January 1, 1994
establishments will
since the effective
1995.
effective date in the SCR for eating
be difficult to enforce and is not legal
date of the SCR is indicated as January 1,
Dr. Jackson moved and seconded by Dr. Paul to amend Section VI,
Regulation of Smoking in Eating Establishments, by deleting the
thirty percent (30%) designation of a non-smoking area in eating
establishments effective on January 1, 1994, and to amend this
Section VI, to require the owners of eating establishments to
designate a non-smoking area of:
a.
Forty percent (40%) by January 1, 1995
Fifty percent (50%) by January 1, 1996
One hundred percent (100%) by January 1, 1997.
Restaurant owners may designate a separate ventilated
smoking area.
b.
c.
d.
Dr. Macris and Ms. Maness expressed concern regarding the cost to
restaurant owners who must accommodate separate ventilation
systems. Dr. Clancy expressed concern that it will take years for
restaurants to become smokefree. Dr. Clancy stated he would
consider amending the above motion for 100% compliance of
restaurants by January 1, 2000.
After a lengthy discussion of the above amendments to the SCR,
Dr. Clancy made a substitute motion, seconded by Mr. Elmore that
the Board of Health amend the draft of the New Hanover County
Board of Health Smoking Regulation in Eating Establishments for
non-smoking seating as follows:
a. Forty percent (40%) by January 1, 1995
b. Fifty percent (50%) by January 1, 1996
c. One Hundred percent (100%) by January 1, 2000.
However, restaurant owners may designate smoking sections with no
restriction on percentages after January 1, 2000; if they are
serviced by a separate and adequate heating, ventilation and air
conditioning (HVAC) system according to current standards
established by the American Society of Heating, Refrigeration,
and Air Conditioning Engineers so as to provide a smoke-free
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environment for non-smokers in eating establishments.
vote, the MOTION CARRIED.
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Mr. Coble asked for other revisions to the SCR.
Dr. Jackson moved that Item #P - (2) in Section III, Definitions,
Place of EmploYment, which states the dining area of an eating
establishment is not a "place of emploYment" be omitted in the
SCR.
Dr. Jackson withdrew the above motion.
Mr. Elmore moved and it was seconded that the Board of Health
adopt the New Hanover County Board of Health Smoking Control
Regula tion as amended. Upon vote, the MOTION CARRIED.
(Attachment *1 - SCR)
Comments:
Board of Health Members
Mr. Coble stated that he hoped this is the last time that one
single issue will take this much time.
Health Director
Mr. Parker encouraged Board members to attend a Public Health
Forum on Assuring An Appropriate Role for Public Health Under
Health Care Reform, from 2:30 P.M. until 8:30 P.M., on November
8, 1993, in Wilmington, N.C.
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Mr. Parker reported that the New Hanover County Commissioners met
on Monday, October 4, 1993 and approved a Shelter Manager
position for the Animal Control Division.
The County Commissioners also terminated the NHCHD Rankin Terrace
Clinic and the final employee at Rankin Terrace Clinic has
accepted a permanent position on the Health Department staff.
The request for the Injury Prevention Health Educator was denied
by the County Commissioners. Mr. Parker stated the Commissioners
support the prevention position and asked that the position
request be presented during the regular budget process.
Mr. Parker announced that Representatives Karen Gottovi and
Thomas Wright will serve on the N.C. Health Planning Commission.
Mr. Parker invited Board members to participate in the Health
Department United Way Campaign.
Mr. Parker notified the Board that Hamp Sewell, Retired I
Environmental Health Specialist, is ill with Cancer.
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There being no further business Mr. Coble adjourned the meeting
at 9:00 A.M.
q~ð7~ &..?
Mr~o~n M. Coble
ffiüJX
Robert S. (Bob) Parker
Secretary to the Board
Approved:
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Attachment 11
NEW HANOVER COUNTY SMOKING CONTROL REGULATION
NEW HANOVER COUNTY BOARD OF HEALTH
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Adopted
October 6, 1993
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TABLE OF CONTENTS
Section I Title
Section II Purpose
Section III Definitions
Section IV Prohibition of smoking in Public Places
Section V Regulation of smoking in Places of Employment
Section VI Regulation of smoking in Eating Establishments
Section VII Regulation of smoking in Bars
Section VIII Regulation of smoking in Retail Tobacco Stores
Section IX Sale of Cigarettes to Minors Prohibited
I Section X Exclusions
Section XI Signage
Section XII Enforcement
Section XIII Violation and Remedies
Section XIV Other Applicable Laws
Section XV Public Education
Section XVI Severability
Section XVII Appeal Procedure
Section XVIII Effective Date
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A REGULATION
OF THE
NEW HANOVER COUNTY BOARD OF HEALTH
The Board of Health of New Hanover County, in order to
protect the public health and safety of its citizens, does hereby
regulate as follows:
Section I. Title.
The title of this regulation shall be known as the NEW
HANOVER COUNTY SMOKING CONTROL REGULATION (NHCSCR).
Section II. Purpose.
The Board of Health finds and declares that the purpose
of this regulation is to protect and promote the public health
and safety of the citizens of New Hanover County by controlling
and limiting the smoking of tobacco in public places and places
of emploYment as hereinafter set forth.
The Board of Health
intends that the restrictions and limitations of this ordinance
be viewed as minimum standards, and should not be construed as
limiting in any way the authority of persons in control of a
public place or place of emploYment from prohibiting smoking
within their establishment altogether.
Section III. Definitions.
The following words and phrases, whenever used in this
ordinance, shall be construed as defined in this section:
( a) ART/ENTERTAINMENT FACILITY includes, but is not
limited to, "theaters" meaning any enclosed facility engaged in
the business of exhibiting motion pictures, plays or performances
to an aUdience¡ concert halls, art galleries, auditoriums, indoor
recreational areas, libraries, and museums.
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(b) BAR means an area comprising fifteen (15) feet or
less from the perimeter of a permanent counter which is primarily
devoted to serving alcoholic beverages and within which the
service of food is only incidental to the consumption of such
beverages.
Al though a restaurant may contain a bar, the term
tlbar" shall not include the restaurant/dining area. The Board of
Health (or its designee) may extend the fifteen (15) foot
limitation to encompass a larger area upon a demonstration by the
owner of an establishment that such area is primarily devoted to
the serving of alcoholic beverages (such as a bar room, cocktail
lounge, nightclub, or similar facility) and the service of food
is only incidental to the consumption of such beverages.
( c) CHILD CARE FACILITY means any licensed nursery,
day care center, preschool, or other facility engaged in the
practice of providing care for children.
(d) CLEARLY AND CONSPICUOUSLY means readily observable
by the public upon entering a facility.
(e) COMMON WORK AREA means an area within a place of
employment where two or more people perform job related tasks
that is not separated by solid walls from floor to ceiling on all
sides.
( f ) DESIGNATED SMOKING AREA means an enclosed area
where smoking is permitted that is identified by proper signage
or an area outside of facilities.
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(g) DINING AREA means any enclosed area containing a
counter or tables upon which meals are served.
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(h) EATING ESTABLISHMENT means an establishment open
to the public which is engaged in the business of regularly and
customarily selling food, primarily to be eaten on the premises.
Eating establishments shall include businesses that are
referredto as restaurants, cafeterias, or cafes. Eating
establishments shall also include lunch stands, drink stands,
grills, snack bars, fast-food businesses, and other
establishments, such as drugstores which have a lunch counter or
other section where food is sold to be eaten on the premises.
(i) EDUCATIONAL FACILITY means any public or private
facility that is used for principal purpose of providing
instruction or training in a trade, craft, business skill; or
athletic or sports activity; or of providing child care; or
primary, secondary, or higher education.
(j) EMPLOYEE means any person who is employed by any
employer in the consideration for direct or indirect monetary
wages or profit, and any person who volunteers his or her
services.
(k) EMPLOYER means any person, business, partnership,
corporation, including a municipal corporation, or non-profit
entity, who employs the services of one or more individual
persons.
(l) ENCLOSED AREA means all space between a floor and
ceiling which is enclosed on all sides by solid walls or windows
(exclusi ve of door or passageways) which extend from floor to
ceiling, including all space therein screened by partitions which
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do not extend to the ceiling or are not solid, or similar
structures.
(m) HEALTH CARE FACILITY means any facility associated
with the rendition of health care including, but not limited to,
labor a tor ies , hospi tals , public and pr i va te heal th care
facilities.
(n) NON-SMOKING AREA means an area in which smoking is
prohibited.
(0) OVERNIGHT OR EMERGENCY SHELTER means any facility
providing temporary shelter for homeless or transient
individuals.
(p) PLACE OF EMPLOYMENT means any enclosed area under
the control of a public or private employer which employees
normally frequent during the course of emploYment, including, but
not limited to, work areas, employee lounges, restrooms,
conference rooms, employee cafeterias, and hallways.
(1) A private residence is not a "place of
employment" unless it is used as a licensed
child care facility, licensed health care
facility, or domiciliary home.
(2) The dining area of an eating establishment is
not a "place of employment."
(q) PRIVATE CLUB means an establishment which
maintains selective members, is operated by the membership, does
not provide food or lodging for pay to anyone who is not a member
or a member's guest, and is not profit oriented.
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(r) PRIVATE RESIDENCE for the purposes of this NHCSCR,
includes a resident's room within a rest home or long-term care
facility, a dormitory room, a rooming house, a hotel or motel
room designated as a smoking room, or a homeless shelter as long
as the room is not shared by a non-smoker.
(s) PUBLIC PLACE means any enclosed area in which the
public is permitted. Examples include, but are not limited to:
art/entertainment facilitates; enclosed shopping
malls; educational facilities; elevators; health
care facilities; pharmacies; public transportation
vehicles; restrooms; public areas within
businesses; sports facilities; child care
facilities; and public and conference areas of
hotels and motels.
(t) 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.
(u) SMOKING means inhaling, exhaling, burning or
carrying any lighted cigar, cigarette, or other combustible
tobacco product in any manner or in any form.
(v) SPORTS FACILITY means an enclosed sports facility
including, but not limited to, sports pavilions, bowling alleys,
gymnasiums, health spas, boxing arenas, swimming pools, roller
and ice skating rinks, where members of the general public
assembly either to engage in or witness physical exercise or
events.
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(w) WORKSITE means any enclosed area which employees
normally frequent during the course of employment, including but
not limi ted to, work areas, employee lounges and restrooms,
conference and class rooms, employee cafeterias and hallways.
Section IV. Prohibition of smoking in Public Places.
A. Except as otherwise provided by these rules,
smoking shall be prohibited in public places.
B. Clear and conspicuous signs shall be posted in
every building or other place where smoking is regulated by this
NHCSCR in accordance with Section XI of these rules.
Section V. Regulation of Smoking in Places of
Employment.
Any and all smoking areas in places of emploYment must
be (1) outside of the facility, or (2) serviced by a separate and
adequate heating, ventilation, and air conditioning (HVAC) system
according to current standards established by American Society of
Heating, Refrigeration, and Air Conditioning Engineers so as to
provide a smoke-free environment for non-smoking employees in
enclosed buildings.
Section VI. Regulation of smoking in Eating
Establishments.
The owner of every eating establishment shall designate
a non-smoking area, consisting of at least forty percent (40%)
by January 1, 1995; fifty percent (50%) by January 1, 1996; and
one hundred percent (100%) by January 1, 2000 of the indoor
seating capacity of the eating establishment. An eating
establishment may designate a smoking area provided a separate
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and adequate heating, ventilation, and air conditioning (HVAC)
system according to current standards established by American
Society of Heating, Refrigeration and Air Conditioning Engineers
so as to provide a smoke-free environment for non-smokers in
eating establishments.
Section VII. Regulation of smoking in Bars.
All bars shall post one of the following signs at every entrance
notifying patrons of their smoking policy: "We Do Not Provide a
Non-smoking Section In Bar", "Non-smoking Section Available In
Bar", or "No Smoking".
Section VIII. Regulation of smoking in Retail Tobacco
Stores.
Smoking is permitted in retail tobacco stores.
Section IX. Sale of Cigarettes to Minors Prohibited.
Any retail store that offers tobacco products for sale
shall post a conspicuous sign stating "It's the Law - We Do Not
Sell Tobacco Products to Persons Under 18".
Section X. Exclusions.
The following areas shall not be subject to the smoking
restrictions of theses rules:
1 . Bar s
2. Private Residences and Private Clubs
3. State and Federal facilities
4. Retail Tobacco Stores
Section XI. Signage.
A. "No Smoking," or other signs relating to an
establishment's smoking policy, whichever are appropriate, shall
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have letters of not less than one inch (1") in height 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).
B. Signs shall be clearly and conspicuously posted by
the owner, operator, or manager, of a
regulated place or
building, in a position clearly visible on entry into every
building, and within facilities, where smoking is regulated.
C. No person shall remove or deface any placard
required to be erected by or under the authority of this section.
Section XII. Enforcement.
A. The proprietor, employer, or other person in
charge of an eating establishment, pUblic place or place of
emploYment where smoking is regulated shall make reasonable
efforts to prevent smoking in non-smoking areas.
B. Enforcement of this NHCSCR shall be implemented by
the New Hanover County Health Department.
Section XIII. Violation and Remedies.
A. Enforcement of this regulation shall be in
accordance with Part II, Article I. Chapter 130-A of the North
Carolina General Statutes.
B. Each day of violation of any provision of this
NHCSCR shall constitute a separate offense.
Section XIV. Other Applicable Laws.
This NHCSCR shall not be interpreted or construed to
permit smoking where it is otherwise restricted by other
applicable laws.
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Section XV. Public Education.
The Health Department shall maintain a continuing
effort to educate the public regarding the health consequences of
Environmental Tobacco Smoke and shall clarify the purposes of
this regulation to the public.
Section XVI. Severability.'
If any portion of this NHCSCR or the application
thereof shall be held invalid, such invalidity shall not affect
the other provisions of this NHCSCR are to this end, the
provisions of this NHCSCR are declared to be severable.
Section XVII. Appeal Procedure.
Appeals concerning the interpretation and enforcement
of this regulation shall be conducted in compliance with North
Carolina General Statutes 130A-24.
Section XVIII. Effective Date.
Unless otherwise indicated all sections of this
regulation shall become effective January 1, 1995 upon adoption
by the New Hanover County Board of Health.
ADOPTED this 6th day of October 1993.
EFFECTIVE DATE:
January 1, 1995
SIGNED: O~~~ ~
¿ M. Coble, Chairman
New Hanover County Board of Health