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HomeMy WebLinkAbout10/06/1993 BOH Minutes I I I , 265 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 266 and NCPHA. This award was given to Mr. Parker for his outstanding Public Health achievements and service. I 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. I 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 267 I 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. I 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. 268 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. I 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 I I I 269 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 270 environment for non-smokers in eating establishments. vote, the MOTION CARRIED. Upon I 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. I 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. I I I 271 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: , < e Attachment 11 NEW HANOVER COUNTY SMOKING CONTROL REGULATION NEW HANOVER COUNTY BOARD OF HEALTH ! I Adopted October 6, 1993 e 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 e I 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. t (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. ~ (g) DINING AREA means any enclosed area containing a counter or tables upon which meals are served. t (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 I I 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. I (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. \ I (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 I 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 \ ..I I 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. ) I 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