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OP-B-7   UNIVERSITY SMOKING POLICY

SPECIFIC AUTHORITY
Section 386.202, Florida Statutes

OBJECTIVE
To promulgate policy in accordance with the Florida Clean Indoor Air Act and University Design Guidelines and Specifications for construction and renovations.

The purpose of the Florida Clean Indoor Air Act is to protect people from the health hazards of secondhand tobacco smoke and to implement the Florida health initiative in section 20, Article X of the State Constitution.

In accordance with the Design Guidelines and Specifications, construction of new buildings and renovation of existing structures, Leadership in Energy and Environmental Design (LEED) Silver Certification is the desired level of design and construction.

OVERVIEW
The health and welfare of all members of the University community--faculty, students, staff, and visitors--are of paramount importance. Although the decision to smoke or not to smoke rests with the individual, no individual has the right to pursue any habit or pastime that is deleterious to the health and comfort of others. Empirical studies have clearly indicated that secondhand tobacco smoke significantly increases the potential for pulmonary and cardio-vascular diseases for those who do not smoke, but inadvertently breathe in tobacco-related toxins. Moreover, within an atmosphere denigrated by secondhand tobacco smoke, there are oftentimes immediate negative effects to the non-smoker, such as nausea, throat and eye irritation, etc. Many members of the campus community are already living with chronic lung disease such as asthma, emphysema, and chronic bronchitis. Therefore, as a matter of public concern and common courtesy, the specific policy within Section B of this document is enacted, effective immediately.

A. DEFINITIONS

Athletic Stadium
An outdoor arena with seating for viewing athletic or other events.

Breathe Easy Zone
A defined area designated as no smoking that is adjacent to a building. The delineation of this zone shall also include the designation of smoking area(s) that is (are) contiguous and appropriate. Postings shall be placed to ensure adequate identification of both the Breathe Easy Zone and the designated smoking area(s).

Private Residence
A dwelling place owned by or leased to the University.

Smoking
Possession of a lighted cigarette, lighted cigar, lighted pipe or any other lighted tobacco product.

University Facility
The "enclosed indoor workplace" of any building or any portion of any building owned or leased by the University. This includes any area that is predominately or totally bounded on all sides and above by physical barriers of greater than 50%. This can include enclosed courtyards and gathering areas with tables and chairs that are predominately covered.

University Vehicle
Any automobile, truck, van or bus owned by or leased to the University.

B. EXPLICIT POLICY
No person may smoke in any University owned facility as defined above, vehicle or private residence.

No person may smoke in any seating arena of any University athletic stadium.

Designation of a Breathe Easy Zone can be made by the Dean/Department Chair/Director or lowest level administrative officer responsible for an entire building. A Breathe Easy Zone is an area around a building or complex that has been designated as no smoking. Designation of a Breathe Easy Zone will be accompanied by designation of contiguous smoking area(s) that have been identified and provided with appropriate fixtures. Breathe Easy Zones will consist of a buffer of between 25 and 50 feet of the building exterior designated as no smoking. Additionally, all designated smoking areas must be at least 25 feet away from entries, outdoor air intakes and operable windows. The designation of Breathe Easy Zones shall be in accordance with any applicable campus guidelines for signage and placement of outdoor furniture.

C. ENFORCEMENT

Each Dean/Department Chair/Director is responsible for ensuring policy compliance within areas under his/her jurisdiction. The Campus Development and Space Committee (CDSC) shall serve as the final authority governing interpretation and enforcement of this policy.

Community-based enforcement of this policy is also approved and encouraged. Tobacco users are expected to act responsibly by complying with this policy. Both tobacco users, as well as non-tobacco users, have the collective responsibility to ensure compliance with this policy - e.g., both tobacco users and non-tobacco users should point out the designated smoking areas when someone is not in compliance. Persons found out of compliance with the policy should be informed about, and encouraged to enroll in, the campus smoking cessation program.

Repeat offenders of this policy may be subject to receive further appropriate enforcement action (e.g., contacting Student Conduct Office for student violators; contacting appropriate Vice President, Dean, Chair or Supervisor for faculty/staff).

Questions regarding provisions of this policy should be directed to the Department of Environmental Health and Safety.

FORMS
No forms associated with this policy and procedure.