Williamstown Board of Health Endorses Smoking Ban Proposal
Board members Chair Win Stuebner, left, and Devan Bartels participate in Monday's meeting.
Article 30 on the May 22 meeting warrant would disallow smoking or vaping tobacco products inside any multi-family dwelling with an exemption for owner-occupied buildings with four or fewer units.
William Raymond of Stratton Road pitched the idea to the board back in March, and the Select Board last month voted, 4-1, to recommend town meeting passage, an endorsement that appears on the printed warrant.
The Board of Health did not meet in time after Raymond's initial presentation to take an advisory vote that could appear in the warrant, but on Monday, four members of the board in attendance voted unanimously to sign a brief letter that Raymond will be welcome to read aloud from the floor of town meeting.
"While the BOH has enacted stringent rules for where smoking is allowed and has also prohibited smoking in open areas outside restaurants, schools, etc., second-hand smoke is a well-documented public health hazard that is more difficult to regulate," the letter drafted by Chair Win Stuebner reads, in part. "However, it has many of the same detrimental health effects that smoking does. In multi-unit housing, smoke can migrate through the ventilation system, walls, open spaces, etc., and can expose the vulnerable, e.g., children, the elderly and those with chronic cardiac and lung disease, to its harmful effects."
Before voting to sign the letter, the panel held a discussion during which members both expressed strong concurrence with the intent of Raymond's proposal and wondered aloud whether the proposed bylaw would be enforceable and how much the burden of enforcement would fall on Health Inspector Ruth Russell.
They also acknowledged the personal freedom issues that may come up at town meeting, leading Stuebner to wonder about Article 30's chances when put to a vote.
"That's a question voters will have to decide at town meeting," Devan Bartels said. "That's why we're not legislating this. The Board of Health can recommend it be passed. … I'm going to sign my name to a recommendation it be passed as a member of the Board of Health and a resident of Williamstown. We're going to find out whether the people of Williamstown agree or disagree.
"But when I put on my Board of Health hat, [a smoking ban], to me, is a greater good than the protection to vote or vape wherever you want. People will disagree with me, and that's their right.
"We're not the board of privacy. We're the Board of Health."
The proposed bylaw, as drafted by Raymond, would impose a $100 fine for the first violation, a $200 for a second violation within a 24-month period and a $300 fine for each subsequent violation within 24 months of the first violation.
Bartels noted that the proposal would bring privately-owned multi-family housing in town up to the same standards as publicly financed housing, where smokers must stay at least 25 feet from any part of the building.
Russell told the board that she already fields complaints from residents about smokers, specifically referencing the senior housing at Proprietor's Field, and she works with the property's manager to address those concerns. But Russell added that she expects if Article 30 passes and gets the blessing of the Attorney General's Office in Boston, she likely would see an increase in those complaints and enforcement actions.
"If this gets passed, I'll do everything in my power to make sure it's followed correctly," Russell said. "I think it's tricky, but it's doable."
In other business on Monday, the Board of Health took an enforcement action against a local hotel, suspending the permit for the Stay Berkshires property on Cold Spring Road, near the junction of Routes 2 and 7, in South Williamstown.
Russell told the board that the motel had its certificate of occupancy revoked by the town's building department on April 2, and that she joined the building inspector on a review that led to the revocation and found, in addition, violations of the state sanitary code that are under the board's jurisdiction.
She noted that the motel cannot operate without a certificate of occupancy but suspending the permit will force the operator to address both the building and health-related issues before again welcoming guests.
"Noteworthy, there was no hot water at this time, the railing on the second story is very close to not being able to hold weight … lots of shower fixtures are missing," Russell said. "It doesn't look like it's ready to open."
One issue for the building inspector was that the property had work done without taking out building permits, Russell said. The owner has since pulled those permits, and the work is under review by the building department.
"Some of the reasons for violations on the health code end might have to do with a pipe bursting in the winter," Russell said. "Insulation falling from ceilings, some moist areas. I don't think it's anything that can't be solved.
"I felt as though without a certificate of occupancy, I didn't think they should hold a permit at this time."
Stuebner, Barrels, Ronald Stant and James Parkinson voted to suspend the motel's permit. A fifth member of the board, Sandy Goodbody, did not attend Monday's meeting.
In other business on Monday, Russell told the board that she soon will be rolling out a small program to provide free air-conditioners and fans to residents who need them make their living spaces safer during the heat of summer.
The town was one of a couple of communities chosen by the Berkshire County Boards of Health Association for a pilot program, and Williamstown received a handful of air-conditioners to distribute. Russell is working with the town's Council on Aging to develop a plan to distribute the, admittedly, scarce resource, and Russell will collect data from recipients about how the units helped them — data the county association can use to seek future grants.
Tags: code enforcement, smoking ban,
