1. (a) Pursuant to RSA 155:75, a person in charge shall request a waiver for the purpose of seeking a period of time to comply with the Act by submitting a written waiver request to the commissioner.

2. (b) A waiver request shall be made for one or more of the following:

   1. (1) For complying with RSA 155:68, relative to the development of written policies;
   2. (2) For complying with RSA 155:69, relative to the development of written procedures;
   3. (3) For complying with RSA 155:70 and He-P 1908, relative to the placement of signs that restrict, prohibit, or permit smoking; or
   4. (4) For creating an effectively segregated smoking-permitted area pursuant to He-P 1902.02(a) and in compliance with RSA 155:65, V.
3. (c) The person in charge requesting a waiver shall do so by completing and submitting to the department an “Indoor Smoking Act Waiver Request Form” (October 2018 Edition).

4. (d) In addition to the requirement in (c) above, a waiver request shall include the following, as applicable:

   1. (1) If the facility or location requesting the waiver currently has written policies or written procedures relative to smoking in place, then a copy of those policies or procedures shall be attached to the waiver request;
   2. (2) If the facility or location is requesting a waiver in order to develop or to amend written policies or written procedures relative to smoking, then a copy of the draft of the proposed written policies or procedures shall be attached to the waiver request, if available; and
   3. (3) If the facility or a location is requesting a waiver because the requirement the facility or location wishes to be waived causes undue hardship pursuant to RSA 155:75, II, the waiver request shall include documentation for the claim of undue hardship, such as, but not limited to, a construction estimate with financial records that show the person in charge is unable to pay, or proof that the requirement in question would interfere with other requirements imposed by policies of the facility, such as but not limited to, a copy of those policies.

Source. #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