Current through Register No. 40, October 3, 2024
(a) Pursuant to
RSA 155:75, a person in
charge shall request a waiver for the purpose of seeking a period of time to
comply with the Act by submitting a written waiver request to the commissioner.
(b) A waiver request shall be made
for one or more of the following:
(1) A
waiver request for complying with
RSA 155:68,
relative to the development of written policies;
(2) A waiver request for complying with
RSA
155:69, relative to the development of
written procedures;
(3) A waiver
request for complying with
RSA 155:70 and He-P 1908,
relative to the placement of signs that restrict, prohibit, or permit smoking;
and
(4) A waiver request for
creating an effectively segregated smoking-permitted area pursuant to He-P
1902.02(a) and in compliance with
RSA 155:65,
V.
(c) A waiver request shall include the
following information:
(1) The name, address,
and telephone number of the facility in question;
(2) The name of the person in
charge;
(3) The type of
facility;
(4) A description of the
facility/area in question, including descriptors relative to the physical
enclosure;
(5) A description of the
ventilation system, if any exists;
(6) The specific requirement(s) of He-P 1900
and/or the Act requested to be waived;
(7) The specific reason(s) the waiver is
being requested;
(8) A description
of the hardship involved in complying with the specific requirement(s) stated
in (c) (6) above, as applicable;
(9) The period of time being requested in
order to comply with the specific provision(s) stated in (c) (6)
above;
(10) The effect the waiver
would have on non-smokers in the facility, if the waiver were to be approved;
and
(11) The plans for coming into
compliance with the specific provision(s) stated in (c) (6) above.
(d) In addition to the
requirements in (c) above, a waiver request shall include the following, as
applicable:
(1) If the facility requesting
the waiver currently has written policies or written procedures relative to
smoking in place, then a copy of those policies or procedures shall be attached
to the waiver request;
(2) If the
facility is requesting a waiver in order to develop or to amend written
policies or written procedures relative to smoking, then a copy of the draft of
the proposed written policies or procedures shall be attached to the waiver
request, if available; and
(3) If
the facility is requesting a waiver because the requirement the facility wishes
to be waived causes undue hardship pursuant to
RSA 155:75,
II, the waiver request shall include
documentation for the claim of undue hardship, such as, but not limited to, a
construction estimate with financial records that show the person in charge is
unable to pay, or proof that the requirement in question would interfere with
other requirements imposed by policies of the facility, such as but not limited
to, a copy of those policies.
#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.
