Health board to discuss new vaping ordinance draft during May 3 meeting

As a result of the passage of ESSB 6328, the Kitsap Public Health Board is discontinuing its discussion on the original draft ordinance regulating the use, sales and availability of vapor products. The Kitsap Public Health Board directed the Health District to draft a new, very targeted ordinance to address restrictions only on the use of vapor products in indoor public places — the areas not addressed by ESSB 6328.

BREMERTON — The Kitsap Public Health District released a new vapor products ordinance draft for Kitsap County. Substantial changes were made to the previous ordinance, first proposed in February, due to the passage of Engrossed Substitute Senate Bill 6328 (ESSB 6328), which relates to youth substance-use prevention associated with vapor products.

As a result of the passage of ESSB 6328, the Kitsap Public Health Board is discontinuing its discussion on the original draft ordinance regulating the use, sales and availability of vapor products. ESSB 6328 does not restrict local legislative authorities from adopting rules to regulate the use of vapor products in indoor public places and places of employment. The Kitsap Public Health Board directed the Health District to draft a new, very targeted ordinance to address restrictions only on the use of vapor products in indoor public places — the areas not addressed by ESSB 6328.

The new draft ordinance (available online at kitsappublichealth.org/vaping) proposes to prohibit the use of vapor products in indoor public places, including the “presumptively reasonable minimum distance” of 25 feet to doors, windows that open or intake vents of indoor public places where vaping is prohibited. The “presumptively reasonable minimum distance” aspect mirrors the same requirement of the Smoking in Public Places law, RCW 70.160. The draft ordinance also includes a waiver provision that would allow vaping in indoor public places under the following conditions:

— Obtainment of an annual waiver from the Health Officer;— Posting of warning signage;— Prohibiting access to the premises by minors;— Conducting age verification of any person whose age is in question;— Providing adequate ventilation to prevent vapor product emissions from being discharged into other indoor public places; and— Allowing inspections by the Health District to determine compliance with the regulations.

The Health District will present this new draft ordinance to the Kitsap Public Health Board for an initial review during its May 3 meeting. The Health Board will not be taking formal action on the new draft ordinance during this meeting. The meeting will be at 1:45 p.m. Tuesday, May 3, in the Norm Dicks Government Center meeting chambers, 345 Sixth St., Bremerton. Public review and comment on the new draft ordinance is desired. Comments should be submitted to the Health District through the following: online at www.kitsappublichealth.org/vaping; via phone by calling 360-337-5293; or via mail, addressed to Kitsap Public Health District, ATTN: Vaping Ordinance Feedback, 345 6th St. Suite 300, Bremerton, WA 98337.

— Edited by Michelle Beahm

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