1. (a) In order to determine compliance with the Act, pursuant to He-P 1904.01(c) and (e), the location shall be subject to an on-site inspection.

2. (b) If the location subject to an on-site inspection is a location where smoking is permitted in effectively segregated areas, pursuant to He-P 1902.02 and RSA 155:66, II, the department shall determine if the smoking-permitted area(s) has been effectively segregated, as follows:

   1. (1) Determine if procedures for accurately and fairly determining preference as defined in He-P 1901.01(f) have been followed; and

   2. (2) Conduct ambient air quality testing for fine particulate matter using USEPA recommended monitoring equipment and USEPA methods and standards, per 40 CFR part 50, in order to:

      1. a. Determine if the design, designation, or juxtaposition of no-smoking and smoking-permitted areas are such that smoke does not cause harm or unreasonably intrude into areas occupied by persons who are not smoking; and
      2. b. Determine if the smoking-permitted area(s) is in proximity to exhaust fans, if possible, and areas designated as no-smoking areas have ambient air quality standards for fine particulate matter that do not exceed USEPA standards, per 40 CFR part 50.
3. (c) If the location subject to an on-site inspection is a facility where smoking is prohibited in its entirety, pursuant to He-P 1902.01 and RSA 155:66, I, the department shall determine if smoking is or has been permitted or if smoking is occurring or has occurred by conducting ambient air quality testing for fine particulate matter using USEPA recommended monitoring equipment and USEPA methods and standards, per 40 CFR part 50.

4. (d) As part of an on-site inspection, the department shall also determine if the location has:

   1. (1) Written smoking policies per RSA 155:68;
   2. (2) Written smoking procedures per RSA 155:69; and
   3. (3) Sign requirements per RSA 155:71 and He-P 1908.

Source. #5759, eff 12-20-93; ss by #7172, eff 12-21-99; EXPIRED: 12-21-07 New. #9054, eff 12-29-07, EXPIRED: 12-29-15 New. #12534, INTERIM, eff 5-24-18, EXPIRES: 11-20-18; ss by #12677, eff 11-20-18