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Judith Carr, R.N., C.N.S'., R.S., M.S. Health Commissioner

NEWARK CITY HEALTH DISTRICT

 OFFICE OF THE BOARD OF HEALTH

November 28, 2006

Newark, Eagles
52 Forry Street Newark, Ohio 43055

Dear Sirs,

Ohio voters passed Issue 5 on Nov. 7, 2006, creating Ohio's indoor smoking ban under a new chapter of the Ohio Revised Code (ORC) effective Dec. 7, 2006. This new law requires "public places" and "places of employment' prohibit smoking as of that date. These business and organizations must also post "No Smoking" signs that contain the telephone number 1-866-559- OHIO (6446) for reporting violations; and remove ashtrays and other smoking receptacles.

To implement and enforce this new law, the Director of Health will adopt rules focusing on enforcement authority and procedures. While ORC Chapter 3794 is effective Dec. 7, 2006, the director of health then has six months, or until June 7, 2007, to adopt rules.

While the Ohio Department of Health (ODH) and other organizations work through the rule- making process, businesses and organizations will be required to comply with the statute starting Dec. 7. In order to help affected entities towards complying with the new law during the rule-making process, ODH provides the following interim guidance:

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Prohibit smoking in any "public place" or "place of employment" as of Dec. 7, 2006. For definitions of a "public place" and "place of employment," please follow this link to ORC 3794.01 Definitions.
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All "public places" and "places of employment must, by Dec. 7, 2006, post conspicuous signs at each entrance. The signs must be clearly legible and shall contain a toll-free number for reporting violations. ODH has designed two sample signs which, when properly placed, meet the requirements of ORC 3794.06 (A) Posting of Signs.

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All "public places" and "places of employment" must, by Dec. 7, 2006, remove all ashtrays and other smoking receptacles, pursuant to ORC 3794.06(8).

675 PRICE ROAD

AN EQUAL OPPORTUNITY EMPLOYER/PROVIDER

NEWARK, OHIO 43055