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10.19.04.00.htm 10.19.04.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 19 DANGEROUS DEVICES AND SUBSTANCES Chapter 04 Prohibition of Smoking in Indoor Areas Open to the Public Authority: Health-General Article, §24-205 and 24-501―24-511, Annotated Code of Maryland
10.19.04.01.htm 10.19.04.01. 01 Scope.. A. This chapter establishes regulations that preserve and improve the health, comfort, and environment of the people of the State by protecting the public and employees from involuntary exposure to environmental tobacco smoke in indoor areas open to the public, except for those covered by Health-General Article, §24-205, Annotated Code of Maryland.B. Nothing in this chapter preempts a county or municipal government from enacting and enforcing more stringent measures to p
10.19.04.02.htm 10.19.04.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Act" means the Clean Indoor Air Act of 2007, Health-General Article, Title 24, Subtitle 5, Annotated Code of Maryland.2) "Club" means a club as defined in Article 2B, §1-102(a)4) Annotated Code of Maryland.. 3) "Day care transportation" means the use of a vehicle owned, operated, or contracted for by a licensed day care facility to transport the facility's clients.
10.19.04.03.htm 10.19.04.03. 03 Exclusions.. This chapter does not apply to:. A. Private homes and residences, including a residence used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland, to provide day care or child care;B. Private vehicles, unless being used:. 1) For the public transportation of children; or. 2) As part of health care or day care transportation;. C. A hotel or motel room
10.19.04.04.htm 10.19.04.04. 04 Prohibition of Smoking.. Except as provided in Regulation .03 of this chapter, an individual may not smoke in:. A. An indoor area open to the public;. B. An indoor place in which a meeting is open to the public in accordance with State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland;C. An indoor place of employment;. D. A government-owned or government-operated means of mass transportation, including:. 1) Buses;. 2) Vans;. E. A private home or resi
10.19.04.05.htm 10.19.04.05. 05 Owner Requirements.. A. The owner of a bar, club as defined in Regulation .02B(2) of this chapter, restaurant, pub, tavern, retail establishment, theater, concert hall, athletic facility, financial service institution, government building, educational institution, museum, or library shall:1) Prohibit smoking in an indoor area open to the public; and. 2) Post a sign indicating where smoking is prohibited as set forth in Regulation .06A of this chapter.
10.19.04.06.htm 10.19.04.06. 06 Posting of Signs.. A. An indoor area open to the public and every public entrance to an indoor area open to the public where smoking is prohibited under Regulation .05A of this chapter shall display conspicuously a "NO SMOKING" sign that conforms to the requirements of Regulation .06E of this chapter.B. A hotel or motel room in which smoking is permitted shall display a sign containing the words "SMOKING PERMITTED IN THIS ROOM" conforming to the following requirements:
10.19.04.07.htm 10.19.04.07. 07 Complaints and Investigations.. A. A person may register a complaint of a violation of a requirement of this chapter by means of:. 1) A written complaint to the health officer in the jurisdiction where the alleged violation took place; or2) A telephone complaint to the health officer in the jurisdiction where the alleged violation took place.B. The Department shall make available a complaint form at the Department's website and at a local health department.
10.19.04.08.htm 10.19.04.08. 08 Enforcement.. A. A health officer or the health officer's designee may investigate conditions relative to the enforcement of this chapter.B. The person in charge of an establishment shall permit a health officer or health officer's designee to enter an establishment during its business hours for the purpose of determining compliance with this chapter.C. When an investigation is made, the health officer or the health officer's designee shall:. 1) Document:.
10.19.04.09.htm 10.19.04.09. 09 Violations and Certification of Correction.. A. The health officer or the health officer's designee shall notify the owner of an establishment found in violation of a provision of this chapter or the Act:1) By certified mail, return receipt requested, bearing a postmark from the United States Postal Service;2) Of the specific finding and the penalty for the violation as set forth in Regulation .10 of this 3) Of a specific date by which the owner shall correct the violation;.
10.19.04.10.htm 10.19.04.10. 10 Penalties.. A. A person who violates a provision of this chapter is subject to the following penalties:. 1) A written reprimand by the Secretary for the first violation;. 2) A civil penalty of $100 for a second violation;. 3) A civil penalty of $500 for the third violation; and. 4) A civil penalty of $1,000 per violation for each subsequent finding of violation.. B. The Department shall pay a penalty collected under this regulation to the Cigarette Restitution F
10.19.04.11.htm 10.19.04.11. 11 Request for Hearing.. A. In order to preserve a right to a hearing on a violation and penalty of this chapter, a person shall submit a written request to the Department for a hearing, if a hearing is desired, within 10 days of receipt of the notice of violation and penalty.B. In accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, the Secretary shall provide for a hearing on the violation by referr
10.19.04.12.htm 10.19.04.12. 12 Waivers.. A. A person may apply to the health officer for a waiver from the application of a specific provision of this chapter.B. The Department shall provide a waiver application on the Department's website.. C. An applicant for a waiver shall establish that:. 1) Compliance with a specific provision of this chapter would cause undue financial hardship, as defined in §D and E of this 2) The existence of other factors would render compliance with this chapter unreasonable..
10.19.04.9999.htm 10.19.04.9999. Administrative History Effective date: April 21, 1978 (5:8 Md. R. 594). Regulation .02W-1 adopted as an emergency provision effective March 26, 1979 (6:7 Md. R. 575) adopted permanently effective June 29, 1979 (6:13 Md. R. 1128)Regulation .02PP amended as an emergency provision effective September 11, 1978 (5:9 Md. R. 1442) expired January 20, 1979; adopted permanently effective February 26, 1979 (6:4 Md. R. 277)Regulation .02QQQ amended as an emergency provisio
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