On Jan. 9, Mayor Billy Kenoi signed Bill 302 into law (effective immediately) making Hawaii County the first in the state to restrict the use of electronic smoking devices (ESDs) wherever smoking tobacco products is prohibited, including county beaches and parks, enclosed areas of employment, shopping malls, bars and nightclubs, restaurants and in cars where minors are present.
On Jan. 9, Mayor Billy Kenoi signed Bill 302 into law (effective immediately) making Hawaii County the first in the state to restrict the use of electronic smoking devices (ESDs) wherever smoking tobacco products is prohibited, including county beaches and parks, enclosed areas of employment, shopping malls, bars and nightclubs, restaurants and in cars where minors are present.
It is important for all county residents, visitors, business owners, employers and health care and community-based organizations to be aware of this law and how it affects them.
County ordinance defines electronic smoking devices (ESDs) as any electronic product that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe, and any other component of the device or related product.
Hawaii County prohibits the use of ESDs and all tobacco products in the following areas:
• Within 20 feet of all building entrances, exits, operable windows and any fresh air intake or ventilation system.
• All enclosed and partially enclosed areas of employment (partially enclosed means areas closed in by a roof or overhang and at least two walls).
• In hotels, night clubs, movie theaters and concert halls, bowling alleys, restaurants and bars, fitness centers, sports arenas, outdoor stadiums, auditoriums, theaters, halls, museums, libraries, galleries, classrooms, private offices, conference or meeting rooms and all other enclosed facilities. As well as common areas, including but not limited to, work areas, elevators, hallways, cafeterias, employee lounges, stairs and restrooms.
• All county enclosed or partially enclosed areas and buildings.
• All vehicles owned or operated by the county.
• Taxi cabs
• Retail stores except tobacco shops (provided that tobacco smoke or ESD aerosol from these places shall not infiltrate into areas where smoking is prohibited).
• Shopping malls that are fully or partially enclosed.
• All licensed child, adult day care and residential care home facilities, including those located within private residences during hours of operation.
• All enclosed or partially enclosed areas within multifamily dwellings that are open to the common use of all unit owners or residents, including but not limited to lobbies, elevators, restrooms, hallways, corridors, stairways, waiting areas and recreation areas.
• At all county beaches, parks and recreational facilities.
• In any motor vehicle whenever occupied by minors less than 18 years of age.
Signage is required to be clearly and conspicuously posted in every public place and place of employment where tobacco and ESD use is prohibited.
Signs must include the words “Smoking is Prohibited by Law. Including E-Cigarettes and All Other Electronic Smoking Devices” or the international “No Smoking” symbol, including the “No electronic smoking device” symbol.
Signs will be available soon at various county offices. Downloadable signage and the full Hawaii County Ordinance 15-11 is available online at www.tobaccofreehawaii.org.
Or contact your local Hawaii Island tobacco-free partnership coordinator:
• East Hawaii: sally@tobaccofreehawaii.org.
• West Hawaii: tmacaller@tobaccofreehawaii.org.
For more information, visit the Coalition for a Tobacco-Free Hawaii at www.tobaccofreehawaii.org.