Prohibitions of Smoking & Tobacco Use on County Property

Current Adoption Date: May 20, 2015
Approved by: Board of Supervisors
Current Implementation Date: March 16, 2016
Board Agenda Number: C-49-15-057-6-00
  1. Purpose: To comply with the 2006 Smoke-Free Arizona Act (A.R.S. §36-601.01), to create a smoke free environment and to limit the use of Tobacco Products on Maricopa County premises.
  2. Application: This policy applies to County employees, volunteers, contractors, clients and visitors while utilizing County buildings and adjacent areas, excluding County park lands.
    Appointing Authorities are responsible for enforcing this policy and associated rules and regulations.
  3. Definitions:
    1. Adjacent Areas: County property surrounding County-owned buildings such as breezeways, courtyards, parking garages, parking lots and walkways. This may include areas further than 20 feet away from entrances, open windows or ventilation systems.
    2. Appointing Authority: An elected official, the single administrative or executive head of a department/Special District or the designated representative authorized to act in this capacity.
    3. Electronic Cigarette: Any device that simulates Smoking by vaporizing a substance that may or may not contain nicotine.
    4. Smoking: Carrying or possessing any lighted Tobacco Product or other plant based or synthetic substance. This includes cigars, cigarettes, pipes and Electronic Cigarettes.
    5. Tobacco Product: Any product made or derived from tobacco that is intended for human consumption, including any component, part or derivative of a tobacco product, this includes cigars, cigarettes, pipe tobacco and smokeless tobacco.
  4. Policy:
    1. Maricopa County prohibits Smoking and the use of Tobacco Products in buildings and Adjacent Areas owned or leased by the County.
      1. Certain areas may be exempt on the basis of work necessity or personnel safety and will be determined by a review committee representative of County departments appointed by the County Manager or designee.
      2. Exempt areas may be denoted with appropriate signage.
    2. For the purpose of this policy, the use of Electronic Cigarettes will be treated the same as Smoking.
    3. The Arizona Department of Health Services prohibits smoking within a distance "of at least 20 feet in all directions measured from each outer edge of an entrance, an open window or a ventilation system" of a public place of employment (A.R.S.§36-601.01, R9-2-102 (B)).
    4. "No-Smoking" signs shall be posted at general public and employee only entrances indicating that buildings are smoke-free.
    5. Employees are required to discard Tobacco Product remnants (e.g. ashes, cigarette butts) in appropriate receptacles.
    6. In accordance with the 2006 Smoke-Free Arizona Act, and County Policy A2310, Use of County and Private Vehicles and Equipment, smoking is prohibited in all County vehicles and equipment and in any private vehicle used on County business if more than one person is in the vehicle.
    7. Employees are expected to abide by this policy. Violations of this policy may lead to disciplinary action up to and including dismissal.