New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 1900 - INDOOR SMOKING RULES
Part He-P 1904 - COMPLAINT INVESTIGATION AND FACILITY INSPECTION PROCEDURES
Section He-P 1904.02 - On-Site Inspection Procedures

Universal Citation: NH Admin Rules He-P 1904.02

Current through Register No. 40, October 3, 2024

(a) In order to determine compliance with the Act, pursuant to He-P 1904.01(c) and (e) , the facility shall be subject to be subject to an on-site inspection.

(b) If the facility subject to an on-site inspection is a facility where smoking is permitted in effectively segregated areas, pursuant to He-P 1902.02 and RSA 155:66, II, the department shall determine if the smoking-permitted area(s) has been effectively segregated, as follows:

(1) Determine if procedures for accurately and fairly determining preference as defined in He-P 1901.01(f) have been followed; and

(2) Conduct ambient air quality testing for fine particulate matter using USEPA recommended monitoring equipment and USEPA methods and standards, per 40 CFR part 50, in order to:
a. Determine if the design, designation, or juxtaposition of no-smoking and smoking-permitted areas are such that smoke does not cause harm or unreasonably intrude into areas occupied by persons who are not smoking; and

b. Determine if the smoking-permitted area(s) are in proximity to exhaust fans, if possible, and areas designated as no-smoking areas have ambient air quality standards for fine particulate matter that do not exceed USEPA standards, per 40 CFR part 50.

(c) If the facility subject to an on-site inspection is a facility where smoking is prohibited in its entirety, pursuant to He-P 1902.01 and RSA 155:66, I, the department shall determine if smoking is or has been permitted or if smoking is occurring or has occurred by conducting ambient air quality testing for fine particulate matter using USEPA recommended monitoring equipment and USEPA methods and standards, per 40 CFR part 50.

(d) As part of an on-site inspection, the department shall also determine if the facility has:

(1) Written smoking policies per RSA 155:68;

(2) Written smoking procedures per RSA 155:69; and

(3) Sign requirements per RSA 155:71 and He-P 1908.

#5759, eff 12-20-93; ss by #7172, eff 12-21-99; EXPIRED: 12-21-07

New. #9054, eff 12-29-07

The amended version of this section by New Hampshire Register Volume 38, Number 50, eff. 11/20/2018 is not yet available.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.