Agency inspects businesses for indoor air quality

Two hundred businesses in eight counties were recently inspected by Southwest Nebraska Public Health Department for compliance with the Nebraska Clean Indoor Air Act of 2003.

"This was primarily an educational inspection for area businesses." states Myra Stoney, Director of Southwest Nebraska Public Health Department. "Most businesses were not aware of the regulation and were appreciative of the inspection."

The Nebraska Clean Indoor Air Act was revised in 2003. The intent of the CIAA is "to protect public health, comfort, and environment by prohibiting smoking in public places and at public meetings except in designated smoking areas." A copy of the regulations is available from the health department upon request.

The CIAA is a uniform act requiring all establishments to comply with the law. An establishment may declare the entire area as smoke-free. All establishments regardless of size must post signs which notify the public of the smoking status of the establishment as provided in 178 NAC 7-003.04.

"Most businesses were in compliance once they posted a sign of their smoking status, states Jamie Hawkins, Health Educator-Substance Abuse at Southwest Nebraska Public Health Department. "We have signs available at no cost. If businesses need no smoking or designated area only smoking signs, they may call the health department."

Smoking is prohibited in all public places and at all public meetings except in areas described in 178 NAC 7-003.001. Compliance is the responsibility of the proprietor of other person in charge of a public place.

Restaurants under 1200 square feet and bars of any size may:

* Permit smoking in the entire establishment

* Prohibit smoking in the entire establishment, or

Designate separate smoking and nonsmoking areas that meet the requirements of the CIAA.

Restaurants with 1200 square feet or more of serving area may:

* Prohibit smoking in the entire establishment or

* Designate separate smoking and nonsmoking areas that meet the requirements of the CIAA.

To be in compliance with the Nebraska Clean Indoor Air Act, the following conditions must be met:

* No person shall smoke in a public place, except in designated smoking areas.

* No person shall smoke in an indoor area serving as a place of work where smoke pollution causes discomfort to nonsmokers. Restaurants and bars may have other conditions that may apply.

* If the proprietor or other person in charge of a public place designates a smoking area, s/he must designate an area that is reasonable proportionate to the preference of the users. Since 75 percent of Nebraskans don't smoke, a designated smoking area not exceeding 25 percent of the seating area is allowed.

* No common areas may be designated as smoking areas, including but not limited to hallways, lobbies, check-out counters, restrooms, entrances, etc.

* The proprietor must ensure that no individual will be required to use or pass through a smoking area in order to conduct all activities permitted in the public place.

* The proprietor must ensure that there are NO ashtrays in nonsmoking areas and that ashtrays are provided at all entrances to nonsmoking areas.

* Proper signs indicating smoking policy must be posted on all public entrances and at boundaries between smoking and nonsmoking areas.

"We inspected county and village government offices, bars and restaurants, retail businesses and banks. We tried to get a diverse group of businesses across the eight county health district." states Mark R Graf of Southwest Nebraska Public Health Department.

Copies of the Clean Indoor Air Act may be obtained from Southwest Nebraska Public Health Department by calling (308) 345-4223 or (888) 345-4223 toll free outside of McCook. No smoking and smoking in designated areas signs are available free of charge at the health department located at 322 Norris Avenue Suite 8 McCook, Nebraska. More information may also be obtained at www.hhs.state.ne.us/enh/neciaa.htm.