CRT 2016 #36 · Communication to the City Council · Aug 1 2016

City of Cambridge O-4 IN CITY COUNCIL January 11, 2016 COUNCILLOR KELLEY VICE MAYOR MCGOVERN COUNCILLOR CARLONE WHEREAS: The City of Cambridge has long protected the rights of workers to a smoke-free environment; and WHEREAS: Currently, this protection extends only to workers in “enclosed” areas, while employees who typically work in unenclosed spaces, such as construction workers, landscapers, and gardeners are not protected from second-hand smoke; and WHEREAS: Smoking in workplace sites can cause fires that threaten life and destruction of property when smoking materials (i.e. tobacco products) are improperly disposed; and WHEREAS: The National Fire Prevention Agency (NFPA) found that improper disposal of smoking materials caused an estimated 90,000 fires around the United States in 2011, resulting in an estimated 540 civilian deaths and $621 million in direct property damages; and WHEREAS: Construction workers are twice as likely to smoke tobacco products than the average citizen according to a 2003 California Health Information Survey; and WHEREAS: Buildings under construction or undergoing major renovation are unlikely to have functioning fire alerting and suppression systems; and WHEREAS: A U.S. Fire Administration report on “Construction Site Fires” found that smoking was the third leading cause of construction site fires from 1996-98, and noted that “firefighters injured on construction sites are twice as likely to be hit or struck by debris and other objects than firefighters at other sites;” and WHEREAS: Creating smoke free places of employment for workers engaged in unenclosed areas may be as simple as amended the existing Cambridge Municipal Code 8.28.050— Definitions for Prohibition of Smoking in Workplaces to expand to definition of “Workplace” to include open construction sites; now therefore be it

ORDERED: That this matter be referred to the Ordinance Committee for consideration of the amendments to Cambridge Code 8.28.050 in the attached file and the adoption of language that protects all workers in Cambridge. In City Council January 11, 2016. Adopted by the affirmative vote of nine members. Attest:- Donna P. Lopez, City Clerk A true copy; ATTEST:- Donna P. Lopez, City Clerk

8.28.050 - Definitions for Prohibition of Smoking in Workplaces. For the purposes of this ordinance, in addition to the definitions in 8.28.020 above, the following words shall have the meanings respectively ascribed to them by this paragraph: Agent or Business Agent. An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. Employee. Any individual person who performs services for an employer. Employer. An individual person, partnership, association, corporation, trust, or other organized group of individuals, including the City of Cambridge or any agency thereof, which utilizes the services of one or more individual employees, with or without compensation. Enclosed Area. A space bounded by walls (with or without windows) from the floor to the ceiling and enclosed by doors. An enclosed area may include, but is not limited to, offices, rooms, and halls. Person. Any individual, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the agents or designees of any of the foregoing. Private Club. A not-for-profit establishment created and organized pursuant to M.G.L. Ch. 180 as a charitable corporation with a defined membership. A private club is not a place of public accommodation but rather distinctly private. Criteria used to determine whether a club is distinctly private include, but are not limited to, those factors identified in 204 CMR 10.02. If a private club holds an alcoholic beverage license, said license shall be a "club license" or a "war veterans club license" as defined by M.G.L. Ch. 138. Sec. 12 and by the Massachusetts Alcohol Beverage Control Commission. Said license is subject to the terms set forth by the local licensing authority. Smoking. Inhaling, exhaling, burning or carrying any lighted cigarette, cigar, pipe tobacco, nicotine delivery product, snuff or tobacco in any manner or in any form. Workplace. Any enclosed area of a structure or portion thereof at which one or more employees perform services for their employer. Workplace includes hallways, stairwells, lobbies, elevators and restrooms. Workplace. Any area or structure, whether enclosed or unenclosed, under the control of an employer at which one or more employees perform services for their employer. Workplace includes, but is not limited to, hallways, stairwells, lobbies elevators, restroom facilities, work areas, construction sites, temporary offices such as trailers, and vehicles. Workplace shall not include any space specifically and clearly designated by the employer as an outdoor smoking area for employees only. (Ord. No. 1364, Repealed & Replaced, 01/29/2015) 8.28.060 - Prohibition of Smoking in Workplaces. A. Smoking is prohibited in all workplaces, including private clubs. B. It shall be unlawful for any employer or other person having control of premises upon which smoking is prohibited by this chapter, or the agent or designee of such person, to permit a violation of this chapter. C. The Cambridge Public Health Department may promulgate reasonable rules and regulations for the implementation of this chapter. (Ord. No. 1364, Repealed & Replaced, 01/29/2015) 8.28.070. - Prohibition of Smoking in Workplaces Enforcement and Penalties.

A. Any establishment who violates this chapter shall be subject to a fine in an amount of one hundred dollars for a first offense, two hundred dollars for a second offense and three hundred dollars for a third or subsequent offense within a twenty-four month period from the first offense. Any private individual who violates this chapter shall be subject to a fine of one hundred dollars. Each day a violation occurs will be considered a separate offense. B. As an alternative to initiating criminal proceedings, violations of this Section II. of this chapter may be enforced in the manner provided in MGL c.40, s.21D. Any fines imposed under the provisions of this chapter shall inure to the City of Cambridge. For the purposes of this chapter, the following shall be enforcing officers: Police Officers; and employees of the License Commission, the Public Health Department and Inspectional Services Department or their designees. C. Any citizen who desires to register a complaint under this chapter may request that the Cambridge Public Health Department initiate an investigation. (Ord. No. 1364, Repealed & Replaced, 01/29/2015)