SOUTHWICK – When it comes to no smoking on town property, the jury is still out about whose job it is to enforce it.
The Southwick Board of Health discussed the topic of the town smoking policy again last week, including enforcement and how to handle e-cigarettes. Health Director Thomas Fitzgerald was asked by Chief Administrative Officer karl Stinehart and the Board of Selectmen to weigh-in on the topic as the board finalizes its code of conduct policies.
Fitzgerald and health board members Dr. Jerome Azia and Susan Brzoska agreed that enforcement could not come from the board.
“It would be impossible,” said Fitzgerald. “If someone called because a person was smoking somewhere, by the time I got there the cigarette would be out and I could not prove it – it would be very difficult.”
Electronic, or e-cigarettes, are not regulated by the federal or state government and Fitzgerald said there are currently no bylaws about “smoking” them in public. The Board of Health did approve a regulation recently that no one under age 18 should have e-cigarettes.
“It gives off vapor, not smoke, but I suppose that could bother some people,” Fitgerald said.
“What about in restaurants and other public places, not just town property?” asked Azia.
Board members wondered how other communities are handling e-cigarettes and Fitzgerald said he would research the subject with surrounding towns.
“I think everyone is handling this at the same time,” he said. “It’s still a new thing.”
The board reviewed its current smoking policy, which has not been updated since 1992, and found that more recent state laws supercede some of the regulations.
“There isn’t anything more strict here than in the state regulations,” said Azia.
Last week Board of Selectmen Chairman Russell Fox said the conduct policy would have a “clear path” for making complaints about violations of any of the codes of conduct, including smoking.
