Section He-P 1909.01 - Request for Waiver(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. (b) A waiver request shall be made for one or more of the following: (1) A waiver request for complying with RSA 155:68, relative to the development of written policies;(2) A waiver request for complying with RSA 155:69, relative to the development of written procedures;(3) A waiver request for complying with RSA 155:70 and He-P 1908, relative to the placement of signs that restrict, prohibit, or permit smoking; and(4) A waiver request for creating an effectively segregated smoking-permitted area pursuant to He-P 1902.02(a) and in compliance with RSA 155:65, V. (c) A waiver request shall include the following information:(1) The name, address, and telephone number of the facility in question;(2) The name of the person in charge;(3) The type of facility;(4) A description of the facility/area in question, including descriptors relative to the physical enclosure;(5) A description of the ventilation system, if any exists;(6) The specific requirement(s) of He-P 1900 and/or the Act requested to be waived;(7) The specific reason(s) the waiver is being requested;(8) A description of the hardship involved in complying with the specific requirement(s) stated in (c) (6) above, as applicable;(9) The period of time being requested in order to comply with the specific provision(s) stated in (c) (6) above;(10) The effect the waiver would have on non-smokers in the facility, if the waiver were to be approved; and(11) The plans for coming into compliance with the specific provision(s) stated in (c) (6) above.(d) In addition to the requirements in (c) above, a waiver request shall include the following, as applicable: (1) If the facility 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) If the facility 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) If the facility is requesting a waiver because the requirement the facility 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. N.H. Admin. Code § He-P 1909.01
Amended by Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12534, Effective 5/24/2018, Expires 11/20/2018.The amended version of this section by New Hampshire Register Volume 38, Number 50, eff. 11/20/2018 is not yet available.