Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 661.000 - Regulations Implementing M.g.l. C. 270, Section 22
Section 661.100 - Smoking Restrictions in Membership Associations
Universal Citation: 105 MA Code of Regs 105.661
Current through Register 1531, September 27, 2024
(A) Smoking shall be prohibited in an enclosed indoor space of a membership association during the time that the space is:
(1) open to the public. A
membership organization shall be regarded as open to the public when it has
signs or advertising inviting or encouraging non-members to enter the premises
or takes other action that may reasonably be regarded as inviting or allowing
non-members to enter the premises;
(2) occupied by a non-member who is not a
guest. A non-member shall be regarded as a guest if entering the premises:
(a) accompanied by a member, provided the
member remains on the premises while the guest is present; and
(b) signing a guest register that clearly
specifies the name and address of the guest and the inviting member;
(3) rented from the association
for a fee or other compensation; or
(4) occupied by a contract employee,
temporary employee or independent contractor.
(B) Smoking may be permitted if the premises are occupied solely by the following:
(1)
members of the association. A person shall not be regarded as a member if
entering the premises under terms of a membership that differ in duration, cost
or privileges from the terms of a full membership in the association;
(2) one or more salaried employees of the
association;
(3) invited guests of
the members, as determined in accordance with 105 CMR 661.100(A); and
(4) visiting members of an affiliated chapter
or branch of a fraternal lodge organization.
(C) Smoking may be permitted in a distinct part of the premises of a membership association, provided that this part:
(1) is physically separated from any area
open to the public or occupied by a non-member who is not a guest. The
separation shall be sufficient to prevent any migration of smoke into the
public area. Any doors separating the areas shall be self closing;
(2) is occupied solely by those persons
specified in 105 CMR 661.100(B). The membership association shall adopt and
effectively implement a policy that ensures only such persons are permitted to
enter the part of the premises where smoking is permitted; and
(3) there are no signs inviting or
encouraging the public or non-members who are not guests to enter.
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