Clean Air

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The United States Surgeon General has determined that involuntary inhalation of tobacco smoke is (a) a cause of numerous diseases in health of nonsmokers’ and (b) a major contributor to indoor air pollution; and (c) that children, elderly people, and individuals with cardiovascular and/or respiratory diseases are at special risk.

The Environmental Protection Agency (EPA) has classified secondhand smoke as a Group A Carcinogen, known to cause cancer in humans. Accordingly, the Pocahontas Board of Health finds and declares that the purpose of this Regulation is to (1) protect the public health and welfare by prohibiting smoking in enclosed public places and by regulating smoking in places of employment and (2) direct the proprietors of public places of indoor commerce to provide a smoke-free environmental to minimize public exposure to this harmful toxin.

In attempting to minimize the effects of tobacco smoke on the general public in enclosed public places, the regulations of Pocahontas Board of Health address a serious health issue which the Legislature has recognized...Based upon the foregoing observations, we find that clean indoor air regulations of local boards of health that place restrictions on smoking in enclosed public places

(1) are consistent with the findings of the Legislature "that smoking may cause lung cancer, heart disease, emphysema and other serious health problems," (2) advance the legislatively prescribed public policy "to provide the state with a citizenry free from the use of tobacco," and (3) fall within the bounds of authority granted by the Legislature to such boards..." Excerpted from the December 2, 2003 WV Supreme Court Decision #31120.

This regulation bans smoking in most places that are frequented by the public. This includes 100% of restaurant seating, bars, grocery stores, convenience stores, motel and hotel rooms, waiting rooms and other enclosed public places. The effective date of this regulation is September 1, 2009. To view the complete Pocahontas Clean Indoor Air Regulation please click on the link below.