Waiver provision for economic and other hardship cases - 5/1/07

Q: Maryland has enacted a state-wide smoking ban in public places. There is a waiver provision for economic and other hardship cases, and the health department will be writing regulations on the waiver process. Please share any state or local models out there for waivers.

A:

  1. Arkansas - Page 6 of Arkansas Act 8 (click here to access) regarding exempt locations or visit the website www.arcleanair.com it access the rules and regulations.
     
  2. District of Columbia - You can access the District of Columbia's economic hardship waiver language, which is largely based on the New York economic hardship waiver language, by clicking here. To access the new language and a document on the perils of hardship waivers, click here. You can also find our rules online. If you have problems navigating the site, the rules can be found under DCR-2007-April 2007-April 27, 2007- Emergency rule making. Click here to access New York's waiver language.
     
  3. Illinois - Illinois believes that these exemptions are unnecessary and are based on the false premise that a negative economic impact results from smoke-free air laws. Two documents may be useful:
    1. A municipal ordinance guide developed by the DuPage County Health Department (click here to access).
    2. Frank Chaloupka's economic study (click here to access).

    Our Smoke Free Illinois website has several articles on the subject including: a fact sheet refuting the assertions of the Illinois Licensed Beverage Association Fact Sheet "Economic Impact of Smoking Bans on Retail Hospitality Establishments Licensed to Serve Alcohol".
     
  4. Nebraska - The waiver language from the 1979 Nebraska Clean Indoor Air Act statute and the language from rules and regulations is as follows:

    • Section 71-5711
      Department of Health and Human Services Regulation and Licensure; waiver of requirements; when.

      The Department of Health and Human Services Regulation and Licensure may, upon request, waive the provisions of sections 71-5701 to 71-5713 if it determines there are compelling reasons to do so and a waiver will not significantly affect the health and comfort of nonsmokers.

      Source:
        Laws 1979, LB 344
        Laws 1996, LB 1044
       
    • Section 71-5711
      Department of Health and Human Services Regulation and Licensure; waiver of requirements; when.

      The Department of Health and Human Services Regulation and Licensure may, upon request, waive the provisions of sections 71-5701 to 71-5713 if it determines there are compelling reasons to do so and a waiver will not significantly affect the health and comfort of nonsmokers.

      Source:
        Laws 1979, LB 344
        Laws 1996, LB 1044
       
    • NCIAA Rules and Regulations
      7-006 Application for waiver of the Law

      7-006.01 To apply for a waiver of the Acts, or these rules, the proprietor or other person in charge must submit a written application to the Department on a form provided by the Department and attached and incorporated into these rules (Attachment 1) or in another preferred format which provide all the information requested on the form.

      7-006.02 An applicant for waiver must demonstrate compelling reasons for a waiver and must demonstrate that the waiver will not significantly affect the health and comfort of nonsmokers.

      7-006.03 In order to grant a waiver; the Department must determine that the health and comfort of nonsmokers would be protected as well under a waiver as if there were compliance with the Act.

      7-006.04 Any person aggrieved by the Department's decision regarding a waiver, may seek administrative review as provided by the Administrative Procedure Act.
       
  5. New Hampshire - New Hampshire has information and is re-writing Administrative Rules.
     
  6. West Virginia - West Virginia has no economic and/or hardship waivers in any of our current local CIA regulations.

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